Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The sentence imposed by the Supreme Court would be legally permissible only in the event the defendant were found to be a second felony offender. Since the record does not indicate whether the procedures set forth in CPL 400.21 for determining the defendant's status as a second felony offender were complied with, the sentence must be vacated and the matter remitted for resentencing in accordance with CPL 400.21 (see, People v Bressingham, 148 A.D.2d 463). Mangano, P.J., Bracken, Rosenblatt, O'Brien and Santucci, JJ., concur.