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PEOPLE v. QUILES

3221/15. Ind. No. 236/17. Appeal No. 12607-12607A. Case No. 2018-1579.

189 A.D.3d 512 (2020)

133 N.Y.S.3d 794

2020 NY Slip Op 07470

The People of the State of New York, Respondent, v. Oswaldo Quiles, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Hannah Gladstein of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert Myers of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

Although defendant was promised concurrent sentences of two to four years for his grand larceny convictions, the sentencing court inadvertently imposed sentences of two years with four years' postrelease supervision, which were not legal sentences for that crime. Because the court clearly intended to impose the promised lawful sentence, we modify to impose that sentence (see People v LaSalle, 95 N.Y.2d 827, 829 [2000]).

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