In People v. Minaya, 54 N.Y.2d 360, the defendant pled guilty to attempted robbery in the first degree with the Court promising a maximum indeterminate term of imprisonment of eight years. At sentence the Court sentenced the defendant to three years. After the defendant had commenced serving his sentence, the court realized its mistake and on its own motion, resentenced the defendant, nunc pro tunc to eight years. Sustaining the lower courts resentence, the Court of Appeals held that insofar as the defendant was resentenced to the term promised at the time of his plea the error in the initial sentence could be corrected a few months later, without either violating the statutory prohibition against changing sentences or the defendant's right under the double jeopardy clause.