People v. Williams — 89 A.D.2d 1055

Majority

p. 1055

The People of the State of New York, Respondent, v Bobbi L. Williams, Also Known as Charles Earl Budd, Appellant.

Judgment unanimously affirmed. Memorandum: Although the predicate felony which formed the basis for defendant’s bargained sentence was more than 10 years old, defendant’s sentence as a predicate felon was valid under the statute because of his intervening incarceration (see Penal Law, § 70.06, subd 1, par [b], cl [v]). (Appeal from judgment of Onondaga County Court, Gale, J. — burglary, second degree.) Present — Simons, J. P., Callahan, Doerr, Boomer and Moule, JJ.