We reject defendant's contention that she was deprived of her right to due process by the court's Sandoval ruling (see, People v. Walker, 83 N.Y.2d 455, 463). Nor do we find that the prosecutor's remarks on summation exceeded the bounds of permissible rhetorical comment (see, People v. Morgan, 66 N.Y.2d 255, 259).
However, "`there was a * * * failure by the trial court to follow the procedures mandated by CPL 400.20 in imposing sentence as a persistent felony offender.' Accordingly, the sentence must be vacated and the matter remanded for new persistent felony offender proceedings." (People v. Hunter, 210 A.D.2d 11, quoting People v. Wilson, 64 A.D.2d 782). We have considered defendant's other contentions and find them to be without merit.
Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.