The case is remitted to the Supreme Court, New York County for further proceedings pursuant to CPL 460.50 (subd 5). The People concede, and we agree, that defendant was improperly sentenced to two to four years on his misdemeanor conviction of criminally using drug paraphernalia in the second degree (Penal Law, § 220.50). The maximum permissible sentence is one year for this class A misdemeanor conviction (Penal Law, § 70.15).
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