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PEOPLE v. MASON

190 A.D.2d 867 (1993)

The People of the State of New York, Respondent, v. James Mason, Appellant

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

February 22, 1993

Ordered that the sentences are vacated, on the law, and the matter is remitted to the County Court, Suffolk County for resentencing.

As both parties correctly note, Penal Law § 70.06 (1) (b) (ii) provides, in pertinent part, that

"[f]or the purpose of determining whether a prior conviction is a predicate felony conviction * * * "[s]entence upon such prior conviction must have been imposed before commission...

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