PEOPLE v. YANT

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing.

The sentencing court's misapprehension regarding its discretion, pursuant to Penal Law § 70.25 (4), to impose a sentence of imprisonment that is to run concurrently with a sentence previously imposed by a court of another jurisdiction requires that the defendant be resentenced ( see, People v Vega, 181 A.D.2d 635; People v Jeffries, 166 A.D.2d 665, 666).

We have examined the defendant's remaining contention, which is raised in his supplemental pro se brief, and find it to be without merit. Mangano, P.J., Thompson, Friedmann and Florio, JJ., concur.