Opinion
December 13, 1990
Appeal from the County Court of Rensselaer County (Dwyer, Jr., J.).
The People concede that defendant was not adequately informed of his right to challenge any statement regarding a predicate felony conviction as required by CPL 400.21. Due to this failure to comply with the statutory procedures for determining second felony offender status, the sentence must be vacated and the matter remitted for resentencing (see, People v. Snyder, 105 A.D.2d 553).
Judgment modified, on the law, by vacating the sentence; matter remitted to the County Court of Rensselaer County for resentencing; and, as so modified, affirmed. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.