Opinion
June 15, 1998
Appeal from Supreme Court, Kings County (Koch, J.)
Ordered that the judgment is modified, on the law, by reducing the sentence imposed on the defendant's conviction of kidnapping in the second degree from 25 years to life imprisonment to 8 1/3 to 25 years imprisonment; as so modified, the judgment is affirmed.
As the People correctly concede, the sentence imposed upon the defendant for kidnapping in the second degree was illegal (see, Penal Law § 70.00, [2] [b]; § 135.20). However, it is clear that the Supreme Court intended to impose upon the defendant the maximum sentence, and we find that it would be appropriate to do so. Consequently, the judgment is modified to reflect the intention of the Supreme Court (see, People v. Dorch, 117 A.D.2d 677).
The defendant's remaining contentions are without merit.
O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.