Opinion
September 24, 1982
Appeal from the Onondaga County Court, Gale, J.
Present — Simons, J.P., Callahan, Doerr, Boomer and Moule, JJ.
Judgment unanimously affirmed. Memorandum: Although the predicate felony which formed the basis for defendant's bargained sentence was more than 10 years old, defendant's sentence as a predicate felon was valid under the statute because of his intervening incarceration (see Penal Law, § 70.06, subd 1, par [b], cl [v]).