Ordered that the sentence imposed under Superior Court Information No. 87421 is modified, on the law, by vacating the alternate jail sentence of an additional, consecutive, 15 days of imprisonment to be served in the event the defendant were to fail to make restitution payments within the stated period in stated increments; as so modified, the sentence imposed under Superior Court Information No. 87421 is affirmed; and it is further,
Ordered that the amended sentence imposed under Indictment No. 83438 is affirmed.
As the People correctly concede, the imposition of a contingent sentence of incarceration to be served in addition to the maximum authorized period of incarceration is illegal (CPL 420.10 [d]; People v. Laurino, 205 A.D.2d 556). Therefore, the sentence imposed under Superior Court Information No. 87421 must be modified by vacating the additional, conditional term which would cause the total aggregate sentence to exceed the statutory maximum (People v. Laurino, supra). Mangano, P.J., Bracken, Miller, Copertino and Hart, JJ., concur.