Opinion
October 16, 1984
Appeal from the Supreme Court, New York County (N. Ryp, J.).
In order for a defendant's prior violent felony offenses to constitute the predicate for his punishment as a persistent violent felony offender, sentence must have been imposed on one prior violent felony before commission of a second prior violent felony ( People v Morse, 62 N.Y.2d 205). In this case, sentences were imposed on defendant's two prior violent felonies on April 4, 1975. Defendant was not sentenced on one of his prior violent felonies before he committed his second prior violent felony. Accordingly, as recognized by the District Attorney, defendant should have been sentenced on his present crimes as a second violent felony offender, not as a persistent violent felony offender.
Concur — Kupferman, J.P., Ross, Asch and Bloom, JJ.