PEOPLE v. WHITE

As the People concede, defendant was improperly sentenced as a second violent felony offender for his conviction of criminal possession of a weapon in the third degree under Penal Law § 265.02(1), which is not classified as a violent felony (Penal Law § 70.02[c]). We perceive no basis for a modification of sentence other than as indicated. Since defendant had a reasonable expectation of finality in the five-year term originally imposed pursuant to his plea bargain (see, People v. Gilchrist, 231 A.D.2d 424), we reject the People's suggestion that a sentence with a maximum term exceeding five years be imposed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.