Opinion
August 30, 1993
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
As the People concede, grand larceny in the fourth degree (Penal Law § 155.30) is not an enumerated violent felony offense (Penal Law § 70.02). Therefore, the defendant, who had only one prior violent felony conviction, was erroneously sentenced as a second violent felony offender. Mangano, P.J., Balletta, Miller, Ritter and Santucci, JJ., concur.