Opinion
December 29, 1987
Appeal from the Supreme Court, New York County (Rena K. Uviller, J.).
As the People concede, the sentence of 3 to 6 years imposed on defendant on his conviction for robbery in the second degree was invalid. The defendant was not a predicate felon, and his conviction under Penal Law § 160.10 (1) may not be considered an armed felony since use, possession, or display of a weapon is not an element of that crime. Accordingly, the concurrent sentence imposed on defendant on that charge must be reduced to 2 to 6 years.
Concur — Sandler, J.P., Carro, Asch and Milonas, JJ.