Opinion
August 19, 1991
Appeal from the County Court, Westchester County (Colabella, J.).
Ordered that the sentence is modified, on the law, by reducing the minimum term of imprisonment for robbery in the first degree from 12 1/2 years to 8 1/3 years; as so modified, the sentence is affirmed.
As the People concede, the crime of robbery in the first degree (see, Penal Law § 160.15) is not an armed violent felony offense (see, CPL 1.20; Penal Law § 70.02; People v Frawley, 117 A.D.2d 613). The sentence of an indeterminate term of 12 1/2 to 25 years imprisonment imposed by the County Court was, therefore, illegal, and must be modified. Since the intent of the court was to impose the maximum sentence available under the law, we may substitute the maximum legal sentence for this crime and need not direct a resentencing (see, People v Persaud, 166 A.D.2d 466). Mangano, P.J., Bracken, Kooper, Balletta and Ritter, JJ., concur.