Opinion
December 31, 1986
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is modified, on the law, by reducing the sentence imposed on the defendant's conviction of criminal possession of stolen property from 2 1/2 to 5 years to 2 to 4 years and, as so modified, the judgment is affirmed.
The comments of the prosecutor during his opening did not deprive the defendant of a fair trial (see, People v. Johnson, 125 A.D.2d 701 [decided herewith]). The defendant's sentence of 2 1/2 to 5 years for criminal possession of stolen property exceeded the legal maximum for an E felony and must be reduced (Penal Law § 70.06 [e]; [4] [b]; CPL 470.15, 420.20 Crim. Proc.). Niehoff, J.P., Weinstein, Lawrence and Kooper, JJ., concur.