Opinion
June 25, 1990
Appeal from the Supreme Court, Kings County (Slavin, J.).
Ordered that the sentence is modified, on the law, by vacating the indeterminate term of 2 1/2 to 5 years' imprisonment imposed upon the charge of criminal possession of a weapon in the third degree; as so modified, the sentence is affirmed.
Although it appears that criminal possession of a weapon in the third degree was among the original counts of the indictment, the minutes of the plea proceeding make clear that the defendant pleaded guilty to criminal possession of a controlled substance in the third degree "to cover" the entire indictment. The Supreme Court was therefore without jurisdiction to impose an indeterminate term of 2 1/2 to 5 years' imprisonment for criminal possession of a weapon in the third degree (see, People v Tulko, 135 A.D.2d 851). There is, however, no basis for disturbing the term of imprisonment imposed for criminal possession of a controlled substance in the third degree (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Kunzeman, Rubin and Harwood, JJ., concur.