Opinion
February 23, 1987
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is modified by adding a provision that the maximum terms of imprisonment shall be 18 years; as so modified, the judgment is affirmed.
The defendant's challenge to the sufficiency of the plea allocution is not preserved for appellate review as a matter of law (see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022; People v. Pellegrino, 60 N.Y.2d 636). In any event, the allocution satisfied the requirements of People v. Harris ( 61 N.Y.2d 9) and thus vacatur is not warranted (see, People v. Pelchat, 62 N.Y.2d 97, 108; People v. Clairborne, 29 N.Y.2d 950, 951).
During the plea proceedings, the court agreed to sentence the defendant to concurrent indeterminate terms of 9 to 18 years' imprisonment, as a second felony offender, in exchange for his guilty plea to two counts of robbery in the first degree. The People repeated the terms of the promise at the outset of the sentence proceedings. At sentencing, the court set the minimum term of the sentence at nine years on each count but failed to state the maximum term of the sentence. All indications in the record support the conclusion that the failure to set the maximum term of the sentence was a mere oversight. The order of commitment states that a sentence of 9 to 18 years was imposed. In view of the clear indication as to the bargained-for sentence, remitting this matter for resentencing would be "`futile and pointless'" (People v. Harris, supra, at 20; People v. Esteves, 41 N.Y.2d 826, 827). In the exercise of our powers to correct errors, we impose the maximum term of 18 years inadvertently omitted by the sentencing court (see, People v. Wright, 56 N.Y.2d 613; People v. Minaya, 54 N.Y.2d 360, cert denied 455 U.S. 1024). Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.