As the People commendably concede, the sentence imposed on defendant's conviction, by plea of guilty, of two counts of burglary in the third degree, a class D non-violent felony (Penal Law §§ 140.20, 70.02), was illegal. As a predicate felon, defendant could not be sentenced to more than 3½ to 7 years on each count (Penal Law § 70.06 [3] [d]; [4] [b]). Thus, the promised sentence of 5 to 10 years for each count was illegal. While we could effect the promised...
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