Opinion
July 29, 1996
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Rockland County, for resentencing.
While it was error for the prosecutor to question the defendant, in a manner contrary to the Sandoval ruling, regarding the facts underlying a prior conviction, this error was harmless in view of the overwhelming evidence of the defendant's guilt (see, People v. Bright, 190 A.D.2d 855; People v. Jay, 187 A.D.2d 454; People v. Hightower, 163 A.D.2d 489).
The County Court imposed only one term of imprisonment despite the fact that the defendant was convicted of two counts of criminal possession of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the third degree (see, People v. Sturgis, 69 N.Y.2d 816; People v Senisi, 196 A.D.2d 376). It is unclear as to which count the term of imprisonment was imposed. In light of the particular circumstances of this case, we vacate the sentence imposed and remit the matter for resentencing.
The defendant's remaining contentions are unpreserved for appellate review or meritless. Bracken, J.P., Copertino, Pizzuto and Goldstein, JJ., concur.