In Matter of State of New York v. Rashid, 25 Misc 3d 318, 883 NYS2d 435 [Sup Ct, NY County 2009], affd 68 AD3d 615, 892 NYS2d 76 [1st Dept 2009], the defendant had been convicted of a sex crime which qualified him for coverage under the civil management statute. He was then subsequently convicted of a nonsexual offense. When the State began sex offender civil management proceedings, the defendant was on parole for this subsequent nonsexual offense. The State urged that, under the People v. Buss rule, the sentence for defendant's initial sex crime (which qualified him for civil management) and the sentence for the subsequent nonsexual offense (which would not qualify him for civil management) had merged to form one sentence pursuant to Penal Law 70.30 (1) (b).