People v. Faust

Appeal by the defendant from a judgment of the Supreme Court, Westchester *431County (Cirigliano, J.), rendered December 9, 1994, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court erred in sentencing him as a second felony offender because his first felony conviction arose from a robbery committed nearly 13 years before his commission of the subsequent felony. We disagree. Penal Law § 70.06 (1) (b) (iv) provides for a 10-year limitation on the use…