Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about September 29, 2005, which granted the petition for a writ of habeas corpus and terminated petitioner’s sentence, unanimously affirmed, without costs.
Even though he had been sentenced to an aggregate term of six years to life upon his 1986 conviction of the class A-II felony of criminal sale of a controlled substance in the second degree and his prior (1981) conviction of robbery in the second degree, petitioner was entitled to the benefits of Executive Law § 259-j (3-a), which requires the Division of Parole to terminate the sentence of a person serving an indeterminate term for a class
We have considered respondents’ remaining contentions and find them unavailing. Concur—Friedman, J.P, Marlow, Sweeny, Catterson and Malone, JJ.
