Opinion
December 14, 1992
Appeal from the Supreme Court, Queens County (Thomas, 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 Supreme Court, Queens County, for resentencing in accordance herewith.
Contrary to the defendant's contention, there is no basis to vacate his plea of guilty. We note that the sentence of 1 to 3 years imprisonment was not excessive. However, inasmuch as the court pronounced sentence only upon the top count of the indictment charging the defendant with criminal possession of a controlled substance in the third degree and failed to pronounce sentence on the remaining two counts, the matter must be remitted for resentencing on all three counts in accordance with CPL 380.20 (see, People v Sturgis, 69 N.Y.2d 816; People v Benoit, 115 A.D.2d 608; People v Charles, 98 A.D.2d 780). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.