PEOPLE v. WINGATE

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant pleaded guilty to two counts of sexual abuse in the first degree and was sentenced to consecutive indeterminate terms of imprisonment of 2 1/2 to 7 1/2 years on each count. The People concede that the sentence imposed by Supreme Court for the class D violent felony convictions (Penal Law § 70.02 [c]; § 130.65 [3]), exceeds the maximum permissible sentence of imprisonment of 2 1/3 to 7 years (Penal Law § 70.02 [b]; § 70.00 [2] [d]; [3] [b]). Because that sentence is illegal, it must be reduced to consecutive indeterminate terms of imprisonment of 2 1/3 to 7 years ( see, e.g., People v Lozado, 180 A.D.2d 410, 411).