Opinion
May 30, 1985
Appeal from the Supreme Court, Bronx County (Duncan S. McNab, J.).
Defendant correctly contends, and the People concede, that his adjudication as a persistent violent felony offender violates Penal Law § 70.08. Since defendant committed both prior crimes before he was sentenced on either, these convictions cannot both serve as predicate violent felony convictions as defined in Penal Law § 70.04, 70.08 Penal ( People v. Morse, 62 N.Y.2d 205). At the time of his sentencing in connection with the instant matter, defendant had been convicted of one predicate violent felony and, therefore, should have been adjudicated a second violent felony offender.
Concur — Kupferman, J.P., Sullivan, Fein, Milonas and Ellerin, JJ.