Opinion
March 21, 1994
Appeal from the Supreme Court, Queens County (Sherman, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed for manslaughter in the first degree; as so modified, the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for resentencing.
The defendant contends, and the People correctly concede, that the imposition of a sentence of 12 1/2 to 25 years' imprisonment for manslaughter in the first degree was illegal and must be vacated because that crime is not an armed violent felony offense (see, Penal Law § 125.20, 70.02 Penal [3], [4]). The matter is therefore remitted for resentencing.
We find the defendant's remaining contentions are either unpreserved for appellate review or do not require reversal. Rosenblatt, J.P., Ritter, Pizzuto and Altman, JJ., concur.