Opinion
February 2, 1999
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
The sentencing court's decision to commit defendant to the Department of Correctional Services pending a determination of defendant's parole status was proper ( see, CPL 430.20 Crim. Proc. [4] [b]. In any event, a remand for resentencing would be futile under the circumstances.
Concur — Ellerin, J. P., Williams, Wallach and Tom, JJ.