Opinion
March 4, 1986
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
This is defendant's third robbery conviction. On November 25, 1979 he was convicted of robbery in the first degree in Kings County. On February 14, 1980 he was convicted of robbery in the second degree in Kings County. The second robbery occurred on March 9, 1979, prior to the sentence on the first robbery.
In order for defendant to have been sentenced as a persistent violent felony offender, the sentencing on the first violent felony conviction must have preceded the commission of the second violent felony (People v. Morse, 62 N.Y.2d 205, 223; Penal Law § 70.08). Accordingly, defendant is entitled to be resentenced as a second violent felony offender under Penal Law § 70.04 (People v. Morse, 62 N.Y.2d, at p 226), as we have directed.
We have examined the other grounds for reversal urged by defendant and find them to be without merit.
Concur — Kupferman, J.P., Ross, Carro, Fein and Milonas, JJ.