Opinion
April 14, 1986
Appeal from the Supreme Court, Kings County (Egitto, J.).
Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing.
The defendant contends, and the People concede, that his sentence of 10 to 20 years' imprisonment was illegal and must be vacated because the crime of attempted murder in the second degree is not a class B armed felony (see, CPL 1.20; Penal Law § 110.05; § 125.25 [1]; People v. Lawrence, 97 A.D.2d 718, affd 64 N.Y.2d 200; People v. Phillips, 118 A.D.2d 600; People v Colon, 111 A.D.2d 9; see also, People v. Hooper, 112 A.D.2d 317; People v. Gonzalez, 99 A.D.2d 1001). The matter must therefore be remitted for resentencing.
We have considered the defendant's claim that the jury's verdict was against the weight of the credible evidence and we find it to be without merit. Weinstein, J.P., Rubin, Eiber and Spatt, JJ., concur.