PEOPLE v. RIVERA

Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing.

The People concede that "the defendant * * * was deprived of his constitutional right to have counsel present at sentencing". Based on this concession, we reverse the sentence imposed and remit the matter to the Supreme Court, Queens County, for resentencing. In light of our determination, we need not address the defendant's additional argument that the sentence imposed was excessive. Mangano, P.J., Bracken, Miller, O'Brien and Pizzuto, JJ., concur.