—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered March 27, 2008, revoking a prior sentence of probation and resentencing defendant to a term of 1½ years, unanimously modified, on the law, to the extent of vacating the sentence and remanding to Supreme Court for resentencing, and otherwise affirmed.

As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant's request for a remedy other than a resentencing proceeding. Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ.