Opinion
September 29, 1994
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
As the People concede, defendant was erroneously sentenced to a term of 4 to 12 years on the conspiracy conviction, a class E felony, which was improper under both the terms of the plea bargain and the sentencing provisions of the Penal Law. Since it is clear from the record that the Judge misspoke at sentencing when she imposed the higher 4 to 12 year sentence on the conspiracy conviction, rather than the class C felony marijuana sale count, the matter is remanded to the trial court for resentencing in accordance with the parties' and the court's intention (see, People v. Wright, 56 N.Y.2d 613).
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.