Opinion
February 14, 1949.
Appeal from County Court, Queens County.
Appeal from judgment of conviction dismissed. Order denying motion for resentence reversed on the law, the motion granted and defendant remanded to the County Court, Queens County, for resentence to a term of imprisonment, in accordance with the application made therefor, the minimum of which shall be not less than five years and the maximum of which shall be not more than ten years. The minimum sentence to be imposed under section 1941 of the Penal Law, as punishment for the crime of attempted robbery in the third degree as a second offender, is five years. ( People v. Abrahamson, 274 App. Div. 909; People ex rel. Abrahamson v. Snyder, 274 App. Div. 909.) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [ 192 Misc. 971.]