Opinion
July 5, 1994
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is modified, on the law, by reducing the term of imprisonment for robbery in the second degree from 12-1/2 to 25 years to 7-1/2 to 15 years; as so modified, the judgment is affirmed.
Numerous factors, including the defendant's presence in the exact location specified by an identified informant, coupled with his grabbing at his waistband as the police officers approached and his subsequent flight, provided an objective, credible reason for the police to pursue the defendant for purposes of inquiry (see, People v. Holmes, 81 N.Y.2d 1056; People v. Martinez, 80 N.Y.2d 444; People v. Hollman, 79 N.Y.2d 181; Matter of Dalmin M., 201 A.D.2d 343).
The defendant waited until both sides had rested at the close of evidence to request a missing witness charge, with respect to the two youths apprehended in the stolen vehicle. This request was untimely and thus properly denied (see, People v. Gonzalez, 68 N.Y.2d 424; People v. Sims, 201 A.D.2d 516; People v. Simmons, 188 A.D.2d 668; People v. Catoe, 181 A.D.2d 905).
As the People correctly concede, the indeterminate term of 12-1/2 to 25 years imposed upon the defendant as a second violent felony offender in connection with his conviction of robbery in the second degree, was illegal since it exceeded the maximum prison term authorized by law (see, Penal Law § 70.04 [b]). Under the circumstances, we have reduced the sentence on the above count to the legally permissible maximum indeterminate term of imprisonment of 7-1/2 to 15 years (see, People v. Satchell, 194 A.D.2d 756).
We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, O'Brien and Florio, JJ., concur.