Judgment unanimously modified on the law, in accordance with memorandum, and as modified affirmed, and matter remitted to Onondaga County Court for resentencing.
Memorandum:
Defendant was illegally sentenced as a second felony offender because the People failed to file a second felony offender statement prior to imposition of sentence as required by CPL 400.21 (2) (see, People v Gilchrist,
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