Opinion
January 5, 1993
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
The sentences imposed for robbery in the first degree under the tenth count (Penal Law § 160.15) and robbery in the second degree (Penal Law § 160.10) were not legally permissible since, as the People concede, defendant was not convicted thereunder of armed felony offenses (see, CPL 1.20). Thus, the minimum term of imprisonment should have been one third, not one half, of the maximum term (People v. Drew, 147 A.D.2d 411, 412; Penal Law § 70.02). Accordingly, the minimum terms of the sentences are modified to the extent indicated.
We have considered defendant's remaining argument that the 9 to 18 year sentence imposed on the first count of the indictment, which remains unaffected by any of the foregoing, is excessive and find it to be without merit.
Concur — Sullivan, J.P., Carro, Wallach, Asch and Rubin, JJ.