Opinion
October 7, 1992
Appeal from the Jefferson County Court, Clary, J.
Present — Boomer, J.P., Green, Balio, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: At the time of sentencing, defendant, a second felony offender (see, Penal Law § 70.06), was "subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed" (Penal Law § 70.25 [2-a]). Thus, the court was required to impose a sentence to run consecutively to the undischarged portion of his prior sentence (see, Penal Law § 70.25 [2-a]; Matter of Rolon v Senkowski, 160 A.D.2d 1072, 1073, appeal dismissed 76 N.Y.2d 772; People ex rel. Wilson v Kelly, 142 A.D.2d 989; People ex rel. Hodge v Wells, 133 A.D.2d 497, 499, lv denied 70 N.Y.2d 613).