MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Erie County Court for resentencing.
Memorandum: Defendant appeals from a judgment sentencing him upon his admission that he violated the terms and conditions of his sentence of probation. Defendant's contention that the original sentence of six months of imprisonment and five years of probation violated Penal Law § 60.05 (4) is not properly before us because, as defendant concedes, he did not appeal from the original judgment ( see People v. Brown, 307 A.D.2d 759; People v. Dabbs, 178 A.D.2d 848, lv denied 79 N.Y.2d 946). Although not raised by defendant, we note that there is a discrepancy between the certificate of conviction and the sentencing minutes. The certificate of conviction provides that a term of imprisonment of 4½ to 13½ years was imposed, which is a legal sentence, but the sentencing minutes establish that County Court imposed a term of imprisonment of 4½ to 12½ years, which is not a legal sentence. We therefore modify the judgment by vacating the sentence, and we remit the matter to County Court for resentencing ( see People v. Freeney, 291 A.D.2d 913, lv denied 98 N.Y.2d 637; see also People v. Schenk, 294 A.D.2d 914, 915, lv denied 98 N.Y.2d 702).