PEOPLE v. FALK

Sentence reversed, on the law, and matter remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

Defendant was sentenced as a predicate violent felony offender based upon a prior conviction for attempted sexual abuse in the first degree. That crime, however, is not classified as a violent felony offense ( see, Penal Law § 70.02). While the sentences imposed would still be authorized upon conviction as a second felony offender, as the People commendably concede, the matter should be remitted to the County Court, Suffolk County, for resentencing ( see, People v Jackson, 106 A.D.2d 93). Mollen, P.J., Titone, Gibbons and Eiber, JJ., concur.