Opinion
October 14, 1993
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
Since attempted robbery in the first degree and criminal possession of a weapon in the fourth degree are not among the crimes specifically listed in Penal Law § 30.00 for which a person less than 16 years old can be held criminally responsible, the counts charging these crimes are not sustainable and must be dismissed. We reject defendant's contention that the sentence of 7 years to life for the murder conviction is excessive noting the callous and senseless nature of his murderous attack upon an utter stranger and that he received the benefit of a favorable plea bargain.
Concur — Sullivan, J.P., Ellerin, Kupferman and Nardelli, JJ.