Opinion
January 8, 1985
Appeal from the Supreme Court, Bronx County, Jack Rosenberg, J.
It appears from the sentencing minutes that the court below was unaware of a (then) recent amendment to section 70.30 Penal of the Penal Law. In sentencing defendant to three consecutive terms of 25 years to life the court seems to be under the impression that the Penal Law operated to severely reduce the minimum period defendant must serve before being eligible for parole. Because the law does not impose such a ceiling for these class A-1 felonies, we remand to allow a complete exercise of sentencing discretion by the trial court. (Cf. Penal Law, § 70.30, subd 1, par [b].)
Concur — Sandler, J.P., Sullivan, Carro and Milonas, JJ.