Opinion
May 16, 1985
Appeal from the Supreme Court, New York County (Baer, J.).
Assault in the second degree is a class D felony (Penal Law § 120.05) and as such the maximum term of imprisonment is not more than seven years. (Penal Law § 70.00 [d].) The sentencing Judge erred in sentencing defendant to the illegal 5- to 15-year term on the assault count.
Concur — Sullivan, J.P., Ross, Bloom, Kassal and Ellerin, JJ.