People v. Yant

—Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Dolan, J.), rendered December 4, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the amended judgment is affirmed.

In People v Yant (223 AD2d 747), this Court vacated the sentence imposed upon the appellant and remitted the matter to the County Court, Dutchess County, for resentencing based on the misapprehension by the court regarding its discretion under Penal Law § 70.25 (4) to impose concurrent sentences.…