People v. Wright

Appeal by defendant, as limited by his brief, from a resentence of the Supreme Court, Kings County, imposed July 29, 1980, which vacated a previously imposed concurrent sentence, upon defendant’s 1979 conviction of burglary in the second degree, and resentenced him to a consecutive term of imprisonment. Resentence affirmed. Under the circumstances of the instant case, the sentencing court had the power to act sua sponte to vacate the previously imposed illegal sentence and to resentence *625the defendant in accordance with the promise made at the change of plea and in accordance with the dictates…