People v. McEachern

—Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Bárbaro, J.), imposed June 23, 1999, on the ground that the sentence is illegal.

Ordered that the amended sentence is affirmed.

Contrary to the defendant’s contention, the Supreme Court did not err in adjudicating him a second felony offender based upon a December 8, 1986, conviction of the crime of grand larceny in the third degree. Penal Law § 70.06 (1) (b) (iv) provides a 10-year time limitation on the use of a prior felony for the purpose of enhancing punishment with respect to a…