Judgment unanimously affirmed. Memorandum: The record establishes that, at the time of his escape, defendant was in custody as a result of an authorized arrest based on probable cause (Penal Law, § 205.00, subd 2; § 205.05; cf. People v Tedesche, 3 A.D.2d 220). Additionally, although the sentencing court imposed a term of 30 days' imprisonment and three years' probation without specifying whether the sentences are consecutive or concurrent, section 60.01 (subd 2, par [d]) of the Penal Law provides that when a sentence is imposed along with a term of probation "[t]he sentence of imprisonment shall be a condition of and run concurrently with the sentence of probation". Thus the sentence is made concurrent by operation of law and is not excessive.