Opinion
September 23, 1999
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered August 28, 1997, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him, as a second felony offender, to a term of 25 years to life, unanimously modified, on the law, to the extent of vacating the second felony offender adjudication, and otherwise affirmed.
Karen Swiger, for respondent.
Julia P. Kuan, for defendant-appellant.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
As the People correctly concede, defendant was improperly sentenced as a second felony offender because his conviction is for an A-1 felony (see, Penal Law § 70.06 [a]), and because the 1996 predicate conviction occurred after defendant committed the instant felony (see Penal Law § 70.06 [b] [ii]). We modify the judgment accordingly.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.