People v. Johnson

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered April 15, 1983, convicting him of robbery in the second degree, after a nonjury trial, and sentencing him, as a persistent felony offender, to a term of imprisonment of 15 years to life.

Judgment affirmed.

Defendant contends that it was error to sentence him as a persistent felony offender because his commitment to the care and custody of the Narcotic Addiction Control Commission (NACC) for a maximum period of 60 months, pursuant to a 1973 conviction for robbery in the third degree, did not…