People v. Yant — 223 A.D.2d 747

Majority

p. 747

The People of the State of New York, Respondent, v Terry G. Yant, Appellant.

[637 NYS2d 468]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 6, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing.

The sentencing court’s misapprehension regarding its discretion, pursuant to Penal Law § 70.25 (4), to impose a sentence of imprisonment that is to run concurrently with a sentence previously imposed by a court of another jurisdiction requires that the defendant be resentenced (see, People v Vega, 181 AD2d 635 ; People v Jeffries, 166 AD2d 665 , 666).

We have examined the defendant’s remaining contention,

p. 748

which is raised in his supplemental pro se brief, and find it to be without merit. Mangano, P. J., Thompson, Friedmann and Florio, JJ., concur.

Cases cited

People v. Jeffries 166 AD2d 665 N.Y. App. Div. 1990-10-22 at 666 p. 747