PEOPLE v. McEACHERN


275 A.D.2d 330 (2000)

712 N.Y.S.2d 51

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM McEACHERN, Appellant.

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

Decided August 7, 2000.


Ordered that the amended sentence is affirmed.

Contrary to the defendant's contention, the Supreme Court did not err in adjudicating him a second felony offender based upon a December 8, 1986, conviction of the crime of grand larceny in the third degree. Penal Law § 70.06 (1) (b) (iv) provides a 10-year time limitation on the use of a prior felony for the purpose of enhancing punishment with respect to a subsequent conviction. However, the statute also contains...

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