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People v. Maloney

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1985
108 A.D.2d 673 (N.Y. App. Div. 1985)

Opinion

February 26, 1985


Appeal from the Supreme Court, New York County (Francis Pecora, J.).

The People commendably concede that the sentence imposed on the attempted murder conviction was illegal ( People v Lawrence, 97 A.D.2d 718 [1st Dept 1983]), as the crime of attempted murder in the second degree is a class B violent felony offense (Penal Law § 70.02 [a]), and it is not an armed felony offense (CPL 1.20).

Penal Law § 70.02 (4) states, in pertinent part, that "[t]he minimum period of imprisonment under an indeterminate sentence for a violent felony offense [such as attempted murder in the second degree] must be fixed by the court at one-third of the maximum term imposed and must be specified in the sentence". Thus, since the maximum sentence imposed herein on this count was 25 years, we reduce the minimum portion of that sentence from 12 1/2 years to 8 1/3 years.

We have examined the other points raised by the appellant and find them to be lacking in merit.

Concur — Murphy, P.J., Kupferman, Ross, Carro and Milonas, JJ.


Summaries of

People v. Maloney

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1985
108 A.D.2d 673 (N.Y. App. Div. 1985)
Case details for

People v. Maloney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY MALONEY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 26, 1985

Citations

108 A.D.2d 673 (N.Y. App. Div. 1985)

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