Opinion
October 29, 1987
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Defendant was declared to be a persistent violent felony offender based upon two prior convictions for which he was sentenced, on the same day, to concurrent terms of imprisonment. However, the Legislature did not intend the persistent violent felony law to apply unless each of the two or more predicate violent felony convictions other than the first was for a felony which occurred after sentence had been imposed for the conviction which preceded it (People v. Morse, 62 N.Y.2d 205). Accordingly, as the People concede, the defendant was improperly sentenced as a persistent violent felony offender and we remand for his resentencing as a second violent felony offender.
Concur — Sandler, J.P., Ross, Asch, Kassal and Ellerin, JJ.