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PEOPLE v. CORTEZ

1129, 313/07.

66 A.D.3d 431 (2009)

886 N.Y.S.2d 402

2009 NY Slip Op 7190

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL CORTEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 8, 2009.

A period of time that was essential to toll the 10-year limit on the use of predicate convictions was set forth in the People's predicate felony statement, in pertinent part, as follows: "The ten-year period referred to in Penal Law § 70.06 (1) (b) (v) is extended by defendant's incarceration at Downstate Correctional Facility and Office of Mental Health and Hygiene from September 22, 1994 to June 20, 2001" (emphasis...

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