Opinion
December 23, 1986
Appeal from the Supreme Court, New York County (Williams, J., Hornblass, J.).
As the People concede with commendable candor, it was error to sentence defendant as a persistent violent felony offender based on convictions entered on June 4 and June 24, 1975, since defendant had not been sentenced on the first felony when he committed the second one. (See, People v. Morse, 62 N.Y.2d 205.) The sentences, accordingly, must be vacated and the matter remanded to the trial court for resentencing.
We have considered defendant's other appellate contentions, and are persuaded that they disclose no error justifying reversal of the conviction.
Concur — Murphy, P.J., Sandler, Sullivan, Asch and Lynch, JJ.