| People v Nash |
| 2008 NY Slip Op 01571 [48 AD3d 705] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Maurice Nash, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind Gray of counsel), forrespondent.
Appeals by the defendant from two judgments of the County Court, Suffolk County (Crecca,J.), both rendered June 17, 2005, convicting him of criminal possession of stolen property in thefourth degree under Suffolk County indictment No. 2838-04 and burglary in the third degreeunder Suffolk County indictment No. 988-05, upon his pleas of guilty, and sentencing him toindeterminate terms of imprisonment of 2 to 4 years on the conviction of criminal possession ofstolen property in the fourth degree and 2½ to 5 years on the conviction of burglary in thethird degree, to run concurrently with each other.
Ordered that the judgment rendered under Suffolk County indictment No. 988-05 is affirmed;and it is further,
Ordered that the judgment rendered under Suffolk County indictment No. 2838-04 ismodified, as a matter of discretion in the interest of justice, by reducing the sentence imposed onthe conviction of criminal possession of stolen property in the fourth degree from anindeterminate term of 2 to 4 years' imprisonment to an indeterminate term of 1½ to 3 years'imprisonment; as so modified, the judgment is affirmed.
The plea minutes reveal that the defendant pleaded guilty to criminal possession of stolenproperty in the fourth degree under Suffolk County indictment No. 2838-04 in exchange for apromised sentence of 1½ to 3 years' imprisonment. However, at the time of sentencing, thecourt erroneously imposed a sentence of 2 to 4 years, and the mistake went unnoticed by thecourt, the [*2]prosecutor, and defense counsel. Under thesecircumstances, as the People correctly concede, the sentence imposed under indictment No.2838-04 should be reduced to conform to the promise made to the defendant in exchange for hisplea of guilty (see People v Allen, 170 AD2d 686 [1991]; see also People v Virola,203 AD2d 164 [1994]; People v Bright, 194 AD2d 479 [1993]). Rivera, J.P., Lifson,Ritter and Carni, JJ., concur.