Opinion
May 18, 1993
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Criminal possession of a weapon in the second degree (Penal Law § 265.03), an armed felony by definition (CPL 1.20; People v Fox, 123 A.D.2d 642, lv denied 68 N.Y.2d 1000), is categorized as a class C violent felony offense (Penal Law § 70.02 [b]). As such, the maximum term of an indeterminate sentence may be up to 15 years (§ 70.02 [3]), and the minimum period of imprisonment must be fixed at one-third the maximum term imposed (§ 70.02 [4]; People v Esteves, 163 A.D.2d 413, 415, lv denied 80 N.Y.2d 830; People v Fox, supra). Accordingly, the concurrent sentence on this charge must be reduced, as a matter of law, to 4 2/3 to 14 years, and the People so concede.
We have examined defendant's other challenges to the sentences imposed and find them without merit.
Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.