Opinion
August 5, 1985
Appeal from the Supreme Court, Queens County (Browne, J.).
Order affirmed.
Judgment modified, on the law, by vacating the sentence imposed on the conviction for rape in the first degree. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Queens County, for resentencing.
In 1977 defendant had been convicted of rape in the first degree and sentenced to an indeterminate prison term of 5 to 15 years. This court reversed that conviction ( see, People v. Best, 73 A.D.2d 651), and, upon retrial, defendant was sentenced to 8 1/3 to 25 years for the same crime. This sentence is vacated and the matter remitted for resentencing because the court failed to place on the record its reasons for imposing after the retrial a more severe sentence ( see, North Carolina v. Pearce, 395 U.S. 711; People v. Miller, 103 A.D.2d 808, affd 65 N.Y.2d 502).
We have considered such other contentions as have been preserved for our review and find them to be lacking in merit. Mangano, J.P., Brown, O'Connor and Weinstein, JJ., concur.