Opinion
June 23, 1994
Appeal from the Supreme Court, New York County, Richard Lowe, III, J.
The sentence imposed on each of the second degree robbery convictions, a class C felony, was illegal to the extent it exceeds 5 to 15 years (see, Penal Law § 70.02 [b]; [3] [b]; [4]). Since it is clear from the plea minutes that the court did not intend to have the sentences run consecutively, a remand for clarification is unnecessary (see, People v. Wilkerson, 121 A.D.2d 284). We, therefore, reduce the sentences to the maximum permitted by statute.
Concur — Sullivan, J.P., Carro, Wallach, Williams and Tom, JJ.