Opinion
October 12, 1993
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing in compliance with Penal Law § 70.10; and it is further,
Ordered that the order is affirmed.
Upon his conviction of robbery in the second degree, the defendant was found to be a persistent felony offender pursuant to Penal Law § 70.10 (1), and was sentenced, pursuant to Penal Law § 70.10 (2), to a term of imprisonment "authorized * * * for a class A-1 felony", i.e., an indeterminate term of 20 years to life imprisonment. However, before imposing sentence, the court was obliged to set forth on the record the reasons why it was "of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct indicate[d] that extended incarceration and life-time supervision [would] best serve the public interest" (Penal Law § 70.10). The court's failure to do so requires that the sentence be vacated and the defendant resentenced (see, People v. Montes, 118 A.D.2d 812; People v. Oliver, 96 A.D.2d 1104, affd 63 N.Y.2d 973; see also, CPL 400.20).
We have examined the defendant's remaining contentions, including those contained in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.