Judgment unanimously modified on the law and as modified affirmed and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: The sentencing minutes establish that County Court improperly sentenced defendant to a term of incarceration of 1 to 3 years upon her conviction of felony driving while intoxicated (Vehicle and Traffic Law § 1192 Veh. Traf. [2]; § 1193 Veh. Traf. [1] [c]; see, Penal Law § 70.00 [b]), although a legal sentence of 1 to 4 years is set forth in the certificate of conviction. Because the court imposed an illegal sentence, we modify the judgment by vacating the sentence, and we remit the matter to Monroe County Court for resentencing ( see, People v. Bernard, 214 A.D.2d 576, 578, lv denied 86 N.Y.2d 732).