People v. Pena

—Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County, (Vaughn, J.), imposed September 19, 1996, upon his conviction of grand larceny in the third degree, upon his plea of guilty, the sentence being an indeterminate term of three to six years imprisonment as a second felony offender.

Ordered that the sentence is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for resentencing.

As the defendant contends, and as the People concede, the defendant was improperly sentenced as a second felony offender inasmuch as…