Opinion
March 16, 1993
Appeal from the Supreme Court, Bronx County, Martin Marcus, J., Richard Lee Price, J.
To serve as the basis for predicate status, a sentence must have been rendered before the commission of the instant underlying felony (Penal Law § 70.06 [b] [ii]). The People do not dispute that the predicate sentence at bar was rendered almost a year after the commission of the instant underlying felony. That this objection was not raised at sentence, is not a bar to defendant's present consideration (see, e.g., People v Bell, 173 A.D.2d 218, 219, lv denied 78 N.Y.2d 962). Simply stated, there never was a conviction which could serve as a valid predicate conviction. Accordingly, the predicate felony information was defective as a matter of law.
We have considered the defendant's remaining argument, and find it to be without merit.
Concur — Sullivan, J.P., Carro, Wallach and Kupferman, JJ.