Opinion
March 18, 1940.
Appeal from County Court of Queens County.
Present — Lazansky, P.J., Hagarty, Johnston, Adel and Taylor, JJ.
In our opinion the evidence amply supports the conviction. The sentence, however, was not legal in so far as it concerned the minimum thereof. ( People v. Lieberman, 248 App. Div. 602; affd., 273 N.Y. 524.) Pursuant to section 543, Code of Criminal Procedure, the judgment of the County Court of Queens County is modified by providing that defendant is sentenced to an indeterminate term of not less than fifteen years and not more than thirty years. As so modified, the judgment is unanimously affirmed.