Opinion
October 31, 1985
Appeal from the Supreme Court, Bronx County (Elbert C. Hinkson, J.).
The 4 to 12-year sentence imposed on defendant's attempted robbery in the second degree conviction is beyond the scope of punishment provided by law and, as such, is illegal. The maximum term for that offense, a class D violent felony, is 2 1/3 to 7 years. (See, Penal Law § 70.02 [c], [2] [b]; § 70.00 [2] [d]; [3] [b].) We modify accordingly.
We have examined defendant's other points and find that they are without merit.
Concur — Kupferman, J.P., Sullivan, Fein, Kassal and Rosenberger, JJ.