Penal Law § 70.06 (1) (b) (ii) provides that for the purpose of determining whether a prior conviction can constitute a predicate felony, the sentence upon such prior conviction must have been imposed before commission of the present felony. Defendant was sentenced as a predicate felon based on his prior convictions for rape and sodomy for which he was sentenced on March 6, 1985. As the sentences on those convictions were not imposed until after defendant committed the...
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