Opinion
April 2, 1982
Appeal from the Supreme Court, Erie County, Denman, J.
Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Doerr, JJ.
Judgment, insofar as it imposes sentence, unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Attempted sexual abuse in the first degree is an E felony which was punishable, at the time of defendant's conviction, by an indeterminate term of imprisonment of zero to four years (Penal Law, § 130.65, 110.05 Penal, subd 6). Defendant's sentence on his conviction for this crime is modified to a term of imprisonment of zero to four years to run concurrently with the other sentences imposed by the court. Defendant's other assertions on this appeal are without merit.