In People v. Medina (35 AD3d 163 [1st Dept 2006], lv denied 8 NY3d 925 [2007]) the prosecutor belatedly realized that the defendant's prior felony qualified as a predicate felony despite the passage of time between his felony convictions. However, at that point, it was the People's time within which to file a motion to correct the sentence, as prescribed by CPL 440.40 (1), that had expired. Despite the expiration of the one-year time period, the trial court adjudicated the defendant a second felony offender and resentenced him as such. The Appellate Division reversed, holding that the trial court's only authority to resentence a defendant upon the People's motion is found in CPL 440.40 (1). It held that the trial court had acted without authority because more than one year had elapsed between the time of the original sentence and the People's application for resentence. (Id.)