Robert S. Dean, Center for Appellate Litigation, New York (Taylor L. Napolitano of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered November 2, 2017, convicting defendant, upon her plea of guilty, of identify theft in the first degree (two counts), identify theft in the second degree (two counts), forgery in the second degree (two counts), criminal possession of stolen property in the fourth degree (three counts) and criminal possession of a forged instrument in the second degree, and sentencing her to an aggregate term of 21/3 to 7 years, unanimously modified, on the law, to the extent of reducing the sentences on the second-degree identity theft convictions to one to three years, and otherwise affirmed.

As the People concede, when the court imposed sentences of 21/3 to 7 years on the convictions of identity theft in the second degree, a class E felony, this exceeded the lawful maximum sentence. Accordingly, we reduce those sentences to one to three years.

As we perceive no basis for reducing the remaining sentences, we need not reach the issue of whether defendant's appeal waiver was valid. Concur—Renwick, J.P., Mazzarelli, Gesmer, Kern, JJ.