Opinion
April 30, 1996
Appeal from the Supreme Court, New York County (Herbert Adlerberg, J.).
As the People concede, the court had no authority to make the sentence for the violation of probation consecutive to the sentence for the attempted robbery conviction when the latter had not yet been imposed, and thereafter, had no authority to resentence defendant to a consecutive term after the attempted robbery court had lawfully provided that the sentences were to be concurrent.
Concur — Murphy, P.J., Rubin, Kupferman, Ross and Tom, JJ.