OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Upon remitting the matter for resentencing based on the sentencing court having — as a result of the parties' mutual mistake — adjudicated defendant a second felony offender, the Appellate Division allowed the People to allege a different prior felony conviction as a basis for the adjudication. Citing Matter of Kisloff v. Covington ( 73 NY2d 445, 452), the Appellate Division correctly ruled that in the event defendant cannot properly be adjudicated a second felony offender, the People should not be permitted to withdraw their consent to defendant's guilty plea.
Order affirmed in a memorandum.