Opinion
September 21, 1992
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the resentences are reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
The People argue, and the defendant concedes, that the resentences imposed were illegal, since the minimum sentence for a Class B felony is an indeterminate term of 1 to 3 years. As both criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree are class B felonies, the matter must be remitted for resentencing. Mangano, P.J., Bracken, Lawrence, Copertino and Santucci, JJ., concur.