Ordered that the judgment rendered under Superior Court information No. 2496-05 is affirmed; and it is further,
Ordered that the judgment rendered under indictment No. 1665-05 is modified, on the law, by vacating the sentences imposed upon the convictions of both counts of criminal mischief in the third degree; as so modified, the judgment rendered under indictment No. 1665-05 is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for resentencing on those counts.
The People sustained their burden of proving, beyond a reasonable doubt, that the defendant was previously convicted of the felony upon which his adjudication as a second felony offender was based ( see CPL 400.21; People v Myron, 28 AD3d 681, 684, cert denied ___ US ___, 127 S Ct 1919; People v Allen, 4 AD3d 479, 480). The defendant's conclusory allegations were insufficient to support his contention that the prior conviction was unconstitutionally obtained ( see People v Allen, 4 AD3d 479; People v Owens, 272 AD2d 481, 482 [2000]).
However, as correctly conceded by the People, the concurrent indeterminate sentences of three to six years' imprisonment, imposed on the defendant's convictions of criminal mischief in the third degree under Penal Law § 145.05, were illegal ( see Penal Law § 70.06 [e]). Thus, under the circumstances of this case, we remit the matter to the Supreme Court, Suffolk County, for resentencing on those convictions ( see People v Reed, 2 AD3d 463).