ORDERED that the order is reversed insofar as appealed from, on the law, the resentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
As the People correctly concede, under the circumstances of this case, the defendant established a legitimate expectation in the finality of his original maximum sentence of 18 years' imprisonment, and the Supreme Court's imposition of a maximum term of imprisonment of more than 18 years upon resentencing the defendant violated the prohibition against double jeopardy (see Stewart v. Scully, 925 F.2d 58, 62-65; People v. Hoppie, 220 A.D.2d 528, 529). The illegality of the defendant's original sentence should have been corrected by reducing the minimum term of imprisonment to one-third of the maximum.
FLORIO, J.P., FEUERSTEIN, KRAUSMAN and CRANE, JJ., concur.