People v. Velez

*572OPINION OF THE COURT

Alfred H. Kleiman, J.

Defendant was charged with and convicted, after trial by jury on October 24, 1994, of two counts of grand larceny in the fourth degree, class E felonies (Penal Law § 155.30 [5]).

The People submitted to this court, prior to the date fixed for sentencing, a written memorandum pursuant to CPL 390.40 (1) in support of its request that defendant be sentenced to two concurrent terms, of 15 years to life imprisonment, as a persistent felony offender. The court declined to so exercise its discretion as provided for in Penal Law § 70.10 (2) and sentenced the…