My husband is currently incarcerated awaiting sentencing. He is charged with conspiracy with intent to distribute/sell drugs (herion). He has already charged and served 3-years for burglary in the 3rd 15 years ago in NYS. Can the 1st felony be used/considered in the second sentencing (even if it is 15 years later)? Does NYS have a statue whereby felony time served cannot be considered after 10 years?