Opinion
February 25, 1985
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Sentence reversed, on the law, and matter remitted to the County Court, Suffolk County, for resentencing in accordance herewith.
Defendant was sentenced as a predicate violent felony offender based upon a prior conviction for attempted sexual abuse in the first degree. That crime, however, is not classified as a violent felony offense ( see, Penal Law § 70.02). While the sentences imposed would still be authorized upon conviction as a second felony offender, as the People commendably concede, the matter should be remitted to the County Court, Suffolk County, for resentencing ( see, People v Jackson, 106 A.D.2d 93). Mollen, P.J., Titone, Gibbons and Eiber, JJ., concur.