Opinion
October 20, 1987
Appeal from the Supreme Court, New York County (Paul Bookson, J.).
Defendant asserts, and the People agree, that the sentence of 1 1/2 to 3 years' imprisonment, which he received in connection with his conviction for attempted bail jumping in the first degree was illegal. At the time that sentence was imposed, bail jumping in the first degree was a class D felony (Penal Law § 215.57). Attempted bail jumping in the first degree was thus a class E felony (Penal Law § 110.05), and defendant was sentenced accordingly. However, the classification of the crime involved had been changed by statutory amendment (L 1983, ch 277, § 2) subsequent to the date that defendant failed to appear in court on May 23, 1983, or 30 days thereafter. Since the offense was committed when the prior statutory scheme was in effect, and bail jumping in the first degree was then a class E felony, rendering attempted bail jumping in the first degree a class A misdemeanor, the maximum permissible sentence was one year in jail (Penal Law § 70.15). We have considered defendant's other assertions and find them to be without merit.
Concur — Sandler, J.P., Sullivan, Ross, Milonas and Wallach, JJ.