PEOPLE v. TYLER


275 A.D.2d 947 (2000)

715 N.Y.S.2d 185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT TYLER, Appellant.

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

Decided September 29, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in sentencing him as a second felony offender without conducting a hearing to determine whether, as a result of the tolling provision set forth in Penal Law § 70.06 (1) (b) (v), defendant's prior felony conviction was within the 10-year period set forth in Penal Law § 70.06 (1) (b) (iv). That contention is not preserved for our review (see, CPL 470.05 [2...

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