Opinion
June 22, 1995
Appeal from the Supreme Court, New York County, Joan Carey, J., Franklin Weissberg, J.
The People concede, and we agree, that defendant was improperly adjudicated a second felony offender, because sentence upon his predicate felony was not imposed until after the commission of the instant crimes (Penal Law § 70.06 [b] [ii]). As defendant concedes, there is no reason to disturb the sentence, since defendant was also lawfully sentenced pursuant to Penal Law § 70.02 (4) for these class B armed felony offenses.
Concur — Ellerin, J.P., Wallach, Nardelli, Tom and Mazzarelli, JJ.