Opinion
March 9, 1998
Appeal from the Supreme Court, Kings County (Douglas, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for resentencing in accordance with the procedures set forth in CPL 400.15.
The defendant contends, and the People correctly concede, that he was improperly sentenced. The defendant was sentenced without substantial compliance with the procedures for adjudicating a defendant as a second violent felony offender set forth in CPL 400.15. Thus, the case should be remitted for resentencing in accordance with the procedures set forth in CPL 400.15 ( see, People v. Brown, 155 A.D.2d 608; People v. Colon, 122 A.D.2d 150; People v. King, 114 A.D.2d 650).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Mangano, P. J., Bracken, Miller and Krausman, JJ., concur.