Opinion
June 18, 1985
Appeal from the Supreme Court, New York County (James J. Leff, J.).
As the People concede with commendable candor, the 5- to 10-year sentence on the second degree robbery count was unauthorized. The minimum should have been set at one third of the maximum rather than one half (Penal Law § 70.02 [b]; [2] [a]; [3] [b]; [4]).
The evidence was more than sufficient to convict the defendant beyond a reasonable doubt. Defendant was not denied a fair trial. We have examined all of the other claims of error made by the defendant and find them to be without merit.
Concur — Sullivan, J.P., Carro, Fein, Kassal and Rosenberger, JJ.