Opinion
3609.
Decided May 11, 2004.
Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered April 28, 2002, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 5 years to life, unanimously modified, on the law, to the extent of reducing the sentence to a term of 4 years to life, and otherwise affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Donald J. Siewert of counsel), for respondent.
Before: Nardelli, J.P., Lerner, Friedman, Gonzalez, JJ.
As the People correctly concede, since defendant was convicted of a Class E felony and sentenced as a persistent violent felony offender, his sentence should have been 4 years to life, the maximum permissible sentence ( People v. Tolbert, 93 N.Y.2d 86).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.