Opinion
June 4, 1985
Appeal from the Supreme Court, Bronx County (Grey, J.).
Since, as the People forthrightly concede, defendant committed the second of his violent felony offenses on January 8, 1975, which was prior to the January 24, 1975 sentence imposed on his first violent felony offense conviction, he could not, under the holding of People v. Morse ( 62 N.Y.2d 205), be adjudicated a persistent violent felony offender, at least on the basis of those two convictions. Accordingly, we vacate said finding and the sentences based thereon, and remand for resentence.
Concur — Sandler, J.P., Sullivan, Carro, Lynch and Rosenberger, JJ.