Judgment unanimously affirmed.
Memorandum:
Defendant was sentenced on his prior felony conviction on June 3, 1983, and he committed a second felony on June 10, 1991. Because defendant was sentenced on the earlier conviction within 10 years of his commission of a second felony offense, defendant was properly sentenced as a second felony offender (see, Penal Law § 70.06 [1] [b] [iv]). Because the People were not relying upon the tolling provision...
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