Opinion
December 26, 1985
Appeal from the Supreme Court, New York County (Martin H. Rettinger, J.).
Since, as the People properly concede, defendant committed the second of his violent felony offenses before the date on which he was sentenced concerning his first violent felony offense conviction, we find that defendant could not, under the holding of People v Morse ( 62 N.Y.2d 205), be adjudicated a persistent violent felony offender. He had committed each of these offenses prior to being sentenced on either one, and People v Morse (supra), held that one may not be sentenced as a persistent violent felony offender if he was not sentenced for one of the two predicate felonies, before committing the second. Accordingly, we vacate said finding and the sentences based thereon, and remand for resentencing of the defendant, as a second violent felony offender.
We have examined the many additional points raised by the defendant, and find them to be without merit.
Concur — Kupferman, J.P., Ross, Asch, Fein and Kassal, JJ.