March 24, 2011. Appeal from the 1st Dept: 78 AD3d 520 (NY). Read, J.
The resentence had the ameliorative effect of allowing defendant to gain early release from prison, as a result of the relationship betweenthe resentence and another sentence defendant was serving. The resentencewas structured to benefit defendant, who received the exact sentence to which he had agreed ( see People v. Mack, 78 A.D.3d 520, 521, 912 N.Y.S.2d 181 [1st Dept. 2010], lv. denied 16 N.Y.3d 833, 921 N.Y.S.2d 197, 946 N.E.2d 185 [2011] ). TOM, J.P., MAZZARELLI, CATTERSON, RENWICK, DeGRASSE, JJ., concur.