People v. Ballard

—Judgment unanimously affirmed. Memorandum: Upon his plea of guilty to crim*982inal possession of a controlled, substance in the second degree, defendant was sentenced to an indeterminate term of incarceration of six years to life. Although the parties acknowledged that defendant was a second felony offender at the time the sentence was imposed, County Court did not state whether the sentence was to run concurrently with or consecutive to the undischarged term of a sentence for manslaughter in the second degree. Subsequently, defendant was returned to the court and, over defendant’s objection,…