People v. Johnson

140 A.D.2d 257, 528 N.Y.S.2d 386, 1988 N.Y. App. Div. LEXIS 5486

Opinion

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 lVs 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 [2], [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 IVz 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.