Opinion
April 22, 1991
Appeal from the Supreme Court, Kings County (Marano, J.).
Ordered that the sentences are modified, on the law, by reducing the terms of imprisonment imposed for robbery in the second degree to 3 2/3 to 11 years; as so modified, the sentences are affirmed.
The Supreme Court erred in imposing sentences of 5 1/2 to 11 years on the defendant's convictions of robbery in the second degree. Inasmuch as robbery in the second degree is a class C felony (see, Penal Law § 160.10), the minimum period of imprisonment must be one-third of the maximum period of imprisonment (see, Penal Law § 70.02). We have therefore modified the sentences accordingly.
We have considered the defendant's claim of excessiveness and find it to be without merit. Mangano, P.J., Thompson, Sullivan, Harwood and Miller, JJ., concur.