Opinion
February 26, 1985
Appeal from the Supreme Court, New York County (Francis Pecora, J.).
The People commendably concede that the sentence imposed on the attempted murder conviction was illegal ( People v Lawrence, 97 A.D.2d 718 [1st Dept 1983]), as the crime of attempted murder in the second degree is a class B violent felony offense (Penal Law § 70.02 [a]), and it is not an armed felony offense (CPL 1.20).
Penal Law § 70.02 (4) states, in pertinent part, that "[t]he minimum period of imprisonment under an indeterminate sentence for a violent felony offense [such as attempted murder in the second degree] must be fixed by the court at one-third of the maximum term imposed and must be specified in the sentence". Thus, since the maximum sentence imposed herein on this count was 25 years, we reduce the minimum portion of that sentence from 12 1/2 years to 8 1/3 years.
We have examined the other points raised by the appellant and find them to be lacking in merit.
Concur — Murphy, P.J., Kupferman, Ross, Carro and Milonas, JJ.