Opinion
March 3, 1986
Appeal from the County Court, Suffolk County, Anderson, J., Mazzei, J.
Judgment modified, on the law, by reducing (1) the minimum terms of the sentences on the defendant's convictions of burglary in the second degree from 7 1/2 years to 5 years, and (2) the minimum term of the sentence imposed on the defendant's conviction of rape in the first degree under the seventh count of the indictment from 12 1/2 years to 8 1/3 years. As so modified, judgment affirmed.
Orders dated December 2, 1983 and January 24, 1984, respectively, affirmed.
The trial court erred in sentencing the defendant as a second felony offender with respect to the latter three counts of the indictment, which involved a 1978 incident, inasmuch as the predicate felony conviction relied upon was rendered March 12, 1981 (see, Penal Law § 70.06 [b] [ii]; People v Stewart, 104 A.D.2d 734; People v. Mickle, 91 A.D.2d 920). In considering the defendant's other claims on appeal, we find that any errors that occurred were unpreserved for appellate review, and we decline to exercise our interest of justice jurisdiction to review such errors. Gibbons, J.P., Thompson, Brown and Weinstein, JJ., concur.