Opinion
February 26, 2001.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered January 27, 2000, convicting defendant, upon his plea of guilty, of grand larceny in the second degree, grand larceny in the third degree (ten counts), violation of General Business Law § 352-c(5), and of violation of General Business Law § 352-c(6) (twelve counts), and sentencing him to concurrent terms of 1 year on each conviction and to make restitution in the amount of $20,000, unanimously modified, on the law, to the extent of vacating the sentence on the conviction of grand larceny in the second degree and remanding for resentencing on that conviction, and otherwise affirmed.
Patricia Curran, for appellant.
Raymond J. Aab, for defendant-respondent.
Before: Rosenberger, J.P., Nardelli, Andrias, Ellerin, Saxe, JJ.
Upon a conviction of grand larceny in the second degree as a first felony offender, a class C felony, an indeterminate term ranging from 1 to 3 years to 5 to 15 years is mandated by statute (Penal Law § 70.00;[2][c];[3][b]; see also, People v. Correa, 248 A.D.2d 630,affd 93 N.Y.2d 821). A sentence of 1 year is only available for class C drug felonies (Penal Law § 70.00). While sentences of probation, conditional discharge and unconditional discharge are also permitted, a sentence of 1 year is not.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.