This defendant having violated his probation was resentenced for his underlying crime. In this case, the more recent crimes which gave rise to his probation violation were separate and distinct from the 1995 conviction on which the probation sentence was based. Therefore, there is no merit to defendant's claim under Penal Law § 70.25 (2) and no question that a consecutive sentence was properly imposed for the crime underlying his violation of probation. We perceive no...
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