PEOPLE v. VEGA

As the District Attorney concedes, a misapprehension by the sentencing court regarding its discretion pursuant to Penal Law § 70.25 (4) to impose a term concurrent to a sentence imposed by a court of another jurisdiction requires a resentencing of defendant (People v Jeffries, 166 A.D.2d 665, lv denied 77 N.Y.2d 962).

Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.