People v. Rodriguez

—Judgment, Supreme Court, Bronx County (Martin Marcus, J., at hearing; Richard Lee Price, J., at trial and sentence), rendered July 18, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a prison term of 4 to 8 years, unanimously modified, on the law, the sentence vacated, and the matter remanded for resentencing, and otherwise affirmed.

To serve as the basis for predicate status, a sentence must have been rendered before the commission of the instant underlying felony (Penal…