PEOPLE v. LaBRONE

Ordered that the sentences are reversed, on the law, the adjudication of the defendant as a second felony offender is vacated, and the matter is remitted to the Supreme Court, Queens County, for resentencing.

Since the defendant was not sentenced on the conviction which served as the basis for adjudicating him a second felony offender until after his commission of the instant crime, the court erred in adjudicating him a second felony offender ( see, Penal Law § 70.06 [b] [ii]; People v. Morse, 62 N.Y.2d 205; People v. Costa, 198 A.D.2d 513). Therefore, we remit the matter to the Supreme Court, Queens County, for resentencing.

Mangano, P. J., Bracken, Ritter, Joy and Goldstein, JJ., concur.