Opinion
June 4, 1998
Appeal from the County Court, Suffolk County (Corso, J.).
Ordered that the sentence is vacated, on the law, and the matter is remitted to the County Court, Suffolk County, for
The defendant was sentenced to a minimum term of imprisonment which was one-half of the maximum term, pursuant to Penal Law § 70.06 (4)(b). However, there is no indication in the record that the defendant was given an opportunity to controvert his status as a second felony offender. Accordingly, as the People concede, the matter must be remitted for resentencing and for a proper adjudication of the defendant's status as a predicate felon ( see, People v. Rembert, 153 A.D.2d 959; People v. Morrison, 100 A.D.2d 976).
Mangano, P. J., Bracken, O'Brien, Pizzuto and Florio, JJ., concur.