—[*1]Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 7, 2005, which revoked defendant's probation and imposed a sentence of imprisonment.

Defendant pleaded guilty to rape in the third degree and received a split sentence of five years of probation and six months in jail. He subsequently admitted to violating the terms of his probation. At the time of defendant's admission, County Court advised him of various sentencing options, but did not commit to any particular one. Thereafter, County Court revoked defendant's probation and resentenced him to 1½ to 3 years in prison on the rape charge. The clerk subsequently corrected the sentence on the certificate of conviction to indicate that defendant was sentenced to 1 to 3 years in prison. This appeal ensued.^[FN*]

Defendant correctly asserts that inasmuch as he is not a second felony offender, County Court's sentence of 1½ to 3 years in prison is illegal and the clerk was without authority to correct it on the certificate of conviction.

Mercure, J.P., Peters, Spain, Lahtinen and Kane, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence imposed on his conviction of rape in the third degree; matter remitted to the County Court of Franklin County for resentencing; and, as so modified, affirmed.