Opinion
March 27, 1989
Appeal from the Supreme Court, Queens County (Linakis, J.).
Ordered that the sentence is modified, on the law, by providing that the term of imprisonment shall run concurrently with and be a condition of the term of probation; as so modified, the sentence is affirmed.
As the People concede, the sentence imposed was unauthorized and invalid since the term of imprisonment combined with the period of probation may not total more than five years upon a felony conviction (Penal Law § 60.01 [d]; § 65.00 [3] [a] [i]). We have modified the sentence accordingly. Mollen, P.J., Thompson, Bracken and Lawrence, JJ., concur.