Opinion
September 24, 1992
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
There is no merit to defendant's argument that his sentence must be reduced under Penal Law § 70.30 (1) (c), which provides that the aggregate maximum terms of consecutive sentences imposed for two or more crimes, one of which was a class B felony, cannot exceed 30 years. An aggregate sentence that exceeds the statutory limit is not illegal, but is simply to be "deemed" equal to the limitation by the Department of Correctional Services (People v Moore, 61 N.Y.2d 575, 578; People v Byas, 173 A.D.2d 314, 315, lv denied 78 N.Y.2d 1126).
We have considered defendant's other argument that the sentence imposed is unduly harsh, and find it to be without merit (see, People v Felman, 141 A.D.2d 889, 890, lv denied 72 N.Y.2d 918).
Concur — Wallach, J.P., Kupferman, Asch and Rubin, JJ.