Opinion
October 26, 1989
Appeal from the Supreme Court, New York County (James J. Leff, J.).
Criminal possession of a weapon in the second degree (Penal Law § 265.03) is a class C violent felony offense (Penal Law § 70.02 [b]) for which a minimum period of imprisonment must be fixed at one third of the maximum period imposed (Penal Law § 70.02) absent any prior felony convictions. Accordingly, as the People acknowledge, a minimum period of one third, not one half, of the maximum term imposed should have been fixed.
We have considered defendant's other arguments, that his sentence was unduly harsh and that the $100 surcharge mandated by Penal Law § 60.35 (1) (a) should have been waived, and find them without merit.
Concur — Murphy, P.J., Sullivan, Ross, Asch and Wallach, JJ.