Opinion
July 15, 1994
Appeal from the Oneida County Court, Murad, J.
Present — Denman, P.J., Pine, Fallon, Callahan and Davis, JJ.
Resentence unanimously reversed on the law, youthful offender adjudication reinstated and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: County Court erred in vacating the youthful offender adjudication and resentencing defendant as an adult. Defendant was originally adjudicated a youthful offender after pleading guilty to robbery in the first degree and was sentenced to 2 1/3 to seven years. Where the only error concerns the legality of the sentence imposed and the court was "act[ing] only * * * to legitimate the term of sentence imposed", the proper remedy is to impose a new sentence consistent with the youthful offender adjudication as a matter of law (People v. Calderon, 79 N.Y.2d 61, 67; see also, Matter of Kisloff v. Covington, 73 N.Y.2d 445, 452). We reinstate, therefore, the youthful offender adjudication and remit the matter to Oneida County Court for resentencing.