Opinion
October 26, 1989
Appeal from the Supreme Court, Bronx County (George D. Covington, J.).
Defendant was sentenced to an indeterminate term of imprisonment of from 8 to 16 years as an armed felony offender after having pleaded guilty to robbery in the first degree pursuant to Penal Law § 160.15 (1). Since the crime described by this provision is not an armed felony offense as defined in CPL 1.20 (41), the imposition of a minimum term of imprisonment of one half the maximum was unauthorized (People v Drew, 147 A.D.2d 411). Rather, the minimum sentence should not have exceeded one third of the maximum, or, in this instance, 5 1/3 to 16 years.
Concur — Kupferman, J.P., Milonas, Kassal, Smith and Rubin, JJ.