Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered Sеptember 25, 1996, convicting him of robbery in the first dеgree, burglary in the first degree, and criminal possession of a weapon in the fоurth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modifiеd, on the law, by vacating the sentences imposed on the convictions of robbery in the first degree and burglary in the first degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, fоr resentencing in accordance herewith.
Where, as here, a defendant moves to dismiss an indictment on the grounds spеcified in CPL 30.30 and makes a prima faciе showing that the People exceеded the six-month trial readiness deadline, the burden falls on the People to demonstrate that the delay greater than six months should be excluded (see, People v Santos,
Viewing the evidence in thе light most favorable to the prosecution (see, People v Contes,
The defendant was sentenced tо concurrent indeterminate terms of I2½ to 25 years imprisonment for the convictions of robbery in the first degree and burglary in the second degree. This was improper. Pursuant to Penal Law § 70.04 (2), when the court has found, аs in this case, that a defendant is a second violent felony offender, the court must impose a determinate sentence of imprisonment which shall be in whole or half years.
The defendant’s remaining cоntentions are without merit. Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.