PEOPLE v. POLOWCZYK


157 A.D.2d 865 (1990)

The People of the State of New York, Respondent, v. Walter J. Polowczyk, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1990


Ordered that the sentence and order are affirmed.

Contrary to the defendant's contention, he could have contested the propriety of his adjudication as a second felony offender on the ground that the 10-year time limitation on the use of prior felonies for the purpose of enhancing punishment (Penal Law § 70.06 [1] [b] [iv]) should not have been extended pursuant to the tolling provision of Penal Law § 70.06 (1) (b) (v) by the period of time during which he...

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