People v. Clearwater

— Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered January 21, 1983, convicting defendant upon his plea of guilty of the crime of robbery in the third degree. Following his plea of guilty of the crime of robbery in the third degree, defendant was sentenced as a second felony offender (Penal Law, § 70.06) based upon a prior felony conviction for operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law, § 1192, subd 5). Defendant maintains that the predicate felony offender statute applies only where the predicate conviction is…