PEOPLE v. RODRIGUEZ


191 A.D.2d 287 (1993)

595 N.Y.S.2d 29

The People of the State of New York, Respondent, v. Juan Rodriguez, Appellant

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

March 16, 1993


To serve as the basis for predicate status, a sentence must have been rendered before the commission of the instant underlying felony (Penal Law § 70.06 [1] [b] [ii]). The People do not dispute that the predicate sentence at bar was rendered almost a year after the commission of the instant underlying felony. That this objection was not raised at sentence, is not a bar to defendant's present consideration (see, e.g., People v Bell, 173...

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