Opinion
December 9, 1985
Appeal from the County Court, Suffolk County (Sherman, J.).
Sentence modified, on the law, to the extent of providing that the indeterminate sentence imposed in this case be served concurrently with the previously imposed determinate sentence. As so modified, sentence affirmed.
The People concede that since the offense underlying the violation of probation for which a one-year definite sentence was imposed occurred prior to the imposition of the indeterminate sentence for an unrelated offense, the indeterminate term should not have been imposed to run consecutively with the definite prison term (see, People v Adams, 109 A.D.2d 745; People v Schweickert, 91 A.D.2d 1004, 1005; People v Delgado, 88 A.D.2d 981).
We do not find that the indeterminate sentence imposed after the court determined that defendant was a second felony offender was either unduly harsh or excessive. Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.