This application is being treated by this court as an application pursuant to article 78 of the CPLR to compel respondent to vacate an illegal sentence imposed upon him on November 14, 1972 and to resentence him upon his conviction of robbery in the second degree, on a guilty plea. Application granted; respondent is directed to resentence petitioner (People v Schatz, 45 AD2d 853). Cohalan, Acting P. J., Christ, Brennan and Munder, JJ., concur.