Opinion
May 24, 1988
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
Grand larceny in the third degree at the time of defendant's conviction and sentencing was a class E, nonviolent felony punishable by a term not to exceed 1 1/3 to 4 years nor to be less than 1 to 3 years. The sentence imposed by the court of 2 to 6 years was therefore illegal. (See, Penal Law § 70.00, [3].) Since the sentence imposed by the court for the grand larceny in the third degree count is concurrent with the sentence of 2 to 6 years imposed for the second degree robbery conviction, we see no reason to reduce the sentence below the maximum term of 1 1/3 to 4 years.
We have examined the remaining contentions by defendant and find them to be without merit.
Concur — Sullivan, J.P., Carro, Asch, Kassal and Wallach, JJ.