Opinion
November 19, 1970
Judgment, Supreme Court, New York County, entered March 18, 1970, unanimously reversed, on the law, and the case remanded to Supreme Court, New York County, for resentencing in accordance herewith. Appellant and a codefendant, Robert Lopez, upon their pleas of guilty, were sentenced to serve two consecutive sentences of one year each in the New York City Correction Institution for Men. The two crimes to which the appellant pleaded guilty were committed as part of a single transaction. This court on the appeal by the codefendant ( People v. Lopez, 35 A.D.2d 695) remanded the case for resentence, holding that under subdivision 3 of section 70.25 Penal of the Penal Law, although two definite sentences were permissible, the aggregate of the terms of such sentences cannot exceed one year. The same result follows herein.
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and McNally, JJ.