Opinion
March 13, 1998
Appeal from the Niagara County Court, Fricano, J. — Criminal Contempt, 1st Degree.
Present Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: Because County Court failed to sentence defendant as a second felony offender, the sentence imposed upon his conviction of criminal contempt in the first degree is illegal and must be vacated. Thus, we remit the matter to Niagara County Court for resentencing on that count (see, People v. Highsmith, 248 A.D.2d 961 [decided herewith]; People v. Sanchez, 244 A.D.2d 922). We reject the contention of defendant that his sentence is otherwise unduly harsh or severe.