The Penal Law authorizes the imposition of a minimum sentence of imprisonment which is one half of the maximum where the defendant is convicted of a class B armed felony offense or where the defendant is a predicate felon. (Penal Law § 70.02; § 70.04 [4]; § 70.06 [4].) As the People concede, manslaughter in the first degree is not an armed felony offense within the purview of CPL 1.20 (41), and defendant has not been proven to be a predicate felon. Consequently, the court was not warranted in sentencing defendant to a term of imprisonment of 12 1/2 to 25 years, and the defendant is entitled to be resentenced. At that time, the People will have an opportunity to file a predicate felony statement, which the defendant may choose to challenge. We do not reach the question of whether the People may withdraw their consent to defendant's plea under People v Farrar ( 52 N.Y.2d 302) in the event that defendant is not adjudicated a predicate felon. Consideration of that issue is premature at this time.
Concur — Carro, J.P., Asch, Fein and Milonas, JJ.