PEOPLE v. BOLDEN BANKS

Ordered that the matter is remitted to the County Court, Rockland County, to resettle the transcript of the sentence minutes, and the appeal is held in abeyance in the interim. The County Court, Rockland County, is to file the resettled transcript of the sentence minutes with all convenient speed.

The transcript of the sentence minutes indicates that the defendant was sentenced to an indeterminate term of three to six years imprisonment on his conviction for assault in the second degree. However, apparently due to a scrivener's error, the order of commitment to the State Department of Correctional Services sets forth the sentence as an indeterminate term of three and one-half to seven years imprisonment. In light of the foregoing discrepancy, the matter must be remitted to the County Court, Rockland County, to resettle the transcript of the sentence minutes to reflect the sentence actually imposed by the court prior to appellate review of the issues raised ( see, People v Locke, 154 AD2d 622).