Opinion
8507.
May 16, 2006.
Order, Supreme Court, New York County (Edwin Torres, J.), entered on or about March 3, 2005, which denied defendant's CPL 440.20 motion to set aside a sentence imposed pursuant to a judgment of the same court (Nicholas Figueroa, J.), rendered July 25, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree and two counts of robbery in the second degree, and sentencing him, as a second felony offender, to two terms of 8½ to 17 years and two terms of 7 to 14 years, to be served concurrently, unanimously reversed, on the law, the motion granted and the sentences for each of the first-degree robbery convictions reduced to 7½ to 15 years.
Laura R. Johnson, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Rachel S. Bromberg of counsel), for respondent.
Before: Tom, J.P., Andrias, Friedman, Williams and Sweeny, JJ., concur.
As the People concede, defendant should be resentenced as indicated because the sentencing court relied on a misinterpretation of Penal Law § 70.30 (3).