| People v White |
| 2010 NY Slip Op 03360 [72 AD3d 993] |
| April 20, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Heather M. White, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.),rendered August 26, 2008, convicting her of burglary in the first degree (four counts), robbery inthe first degree (three counts), unlawful imprisonment in the first degree (two counts), grandlarceny in the fourth degree, endangering the welfare of a child, and criminal possession of aweapon in the fourth degree, upon her plea of guilty, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposedthereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court,Suffolk County, for resentencing in accordance herewith.
The defendant pleaded guilty to each of the 12 counts on which she was indicted. TheCounty Court, however, failed to pronounce sentence on three of the counts. Accordingly, as thePeople correctly concede, the sentence must be vacated and the matter remitted to the CountyCourt, Suffolk County, for resentencing on all 12 counts of the indictment upon which thedefendant was convicted (see CPL 380.20; People v Robinson, 69 AD3d 885 [2010]). Fisher, J.P., Covello,Balkin, Leventhal and Lott, JJ., concur.