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The People &c., Respondent v. Daniel Boyer, Appellant

ABDUS-SALAAM, J.:

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ABDUS-SALAAM, J.:

The primary issue before us is whether, for purposes of determining the sequentiality of a defendant’s current and prior convictions under New York’s sentence enhancement statutes, the controlling date of sentence for the defendant’s prior conviction is the original date of sentence for that conviction or the date of a later resentencing which rectifies the flawed imposition of postrelease supervision (PRS) in accordance with our decision in People v. Sparber (10 NY3d 457 [2008]). We hold that, in this context, the date of sentence for a defendant’s prior conviction is the original date on which the defendant received a lawful prison term upon a valid conviction for that prior crime, regardless of whether the defendant or the government seeks resentencing on that conviction to correct the error described in Sparber. Therefore, at sentencing for a more recent crime, the defendant’s prior conviction qualifies as a predicate felony conviction if the original date of sentence precedes the commission of the present offense.

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