Opinion
March 12, 1993
Appeal from the Niagara County Court, Hannigan, J.
Present — Denman, P.J., Pine, Lawton, Doerr and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: We reject defendant's contention that his sentence, three consecutive terms of 1 1/2 to 3 years, is excessive. Nevertheless, defendant's sentence must be vacated because it is illegal (see, People v. Price, 140 A.D.2d 927; People v. Peale, 122 A.D.2d 353, 354). As a second felony offender, defendant cannot receive a sentence of less than 2 to 4 years on each of the class D felonies to which he pleaded guilty (Penal Law § 70.06 [d]; [4] [b]).