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PEOPLE v. SEPULVEDA

172 A.D.2d 223 (1991)

The People of the State of New York, Respondent, v. Frank Sepulveda, Appellant

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

April 9, 1991

As the People correctly concede, the sentence, adjudicating defendant a predicate felon, was illegal as a matter of law, since his sentence on the proposed predicate felony was, as a result of a reversal of the original judgment (see, People v Sepulveda, 105 A.D.2d 854), imposed after commission of the instant offense. (See, Penal Law § 70.06 [1] [b] [ii]; People v Maza, 118 A.D.2d 439<...

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