Opinion
January 11, 1999.
Appeal from the County Court, Suffolk County, (Vaughn, J.).
Ordered that the sentence is reversed, on the law, and the matter is remitted to the. County Court, Suffolk County, for resentencing.
As the defendant contends, and as the People concede, the defendant was improperly sentenced as a second felony offender inasmuch as the sentence imposed upon his prior conviction was not imposed prior to the commission of the crimes for which he was charged in the instant indictment ( see, Penal Law § 70.06 [b] [ii]; People v. Mendoza, 207 A.D.2d 715; People v. Mason, 190 A.D.2d 867; People v. Serrano, 181 A.D.2d 477). Therefore, the defendant's sentence is illegal and must be vacated ( see, People v. Mendoza, supra; People v. Mason, supra).
Mangano, P. J., Miller, Ritter, Santucci and Krausman, JJ., concur.