Appeal by the defendant from a judgment of the County Court, Nassau County (Santagata, J.), rendered February 22, 1994, as amended May 25, 1994, convicting him of attempted criminal sale of a controlled substance in the third degree (two counts), upon his plea of guilty, and sentencing him to an indeterminate term of 3 to 6 years imprisonment to run consecutively to a sentence the defendant was then serving.
Ordered that the judgment as amended is affirmed.
The defendant pleaded guilty to two counts of attempted criminal sale of a controlled substance in the third degree in satisfaction of all eight counts against him, in exchange for a favorable sentence (two concurrent terms of 31/2 to 7 years imprisonment). At sentencing the court erroneously directed that the sentence run consecutively, rather than concurrently, to a sentence of 3 to 6 years already being served by the defendant for another crime (Penal Law § 70.25 [2-a]). At the proceeding to amend the sentence, while the defendant was given the opportunity to speak, he neither requested to withdraw his plea nor protested that the new lesser, consecutive sentence imposed for the present offenses of 3 to 6 years imprisonment, was excessive.
As a general rule, "a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored” (People v Selikoff,