People v. DeValle

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On October 25, 1995 defendant pleaded guilty to robbery in the third degree, and on November 17, 1995, based upon his plea, the trial court sentenced defendant to two to four years in prison, to run concurrently with an undischarged portion of an earlier sentence. By letter dated January 5, 1996, however, the Department of Correctional Services notified the trial court that Penal Law § 70.25 (2-a) required that defendant’s sentence run consecutively with his prior sentence. The court, on its own motion,…