Opinion
January 21, 1986
Appeal from the Supreme Court, Queens County (Rotker, J.).
Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
We have reviewed the record and conclude that defendant's challenge to the validity of his guilty plea is unpreserved and, in any case, is without merit (see, People v Pellegrino, 60 N.Y.2d 636; People v Harris, 61 N.Y.2d 9; People v Monroe, 54 N.Y.2d 35, cert denied 455 U.S. 947; People v Santiago, 100 A.D.2d 857).
However, the minutes of defendant's sentencing reflect that he was illegally sentenced to concurrent indeterminate terms of imprisonment of 1 to 3 years upon the counts of unlawful imprisonment in the second degree, which is a class A misdemeanor (see, Penal Law § 70.15; § 135.05). Moreover, Criminal Term erred in failing to pronounce sentence on one of the counts upon which defendant had been convicted (see, CPL 380.20; People v Charles, 98 A.D.2d 780; People v Licitra, 84 A.D.2d 539). In view of these infirmities, defendant must be resentenced. Lazer, J.P., Bracken, Niehoff and Kooper, JJ., concur.