Defendant was sentenced as a predicate violent felony offender to concurrent terms of imprisonment of from 9 to 18 years, upon his pleas of guilty to two counts of robbery in the first degree. The basis for his predicate status was his December 28, 1972 conviction of robbery in the second degree. The People claimed that although more than 10 years had elapsed between the two convictions, the period of limitation contained in Penal Law § 70.04 (1) (b) (iv) was tolled...
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