People v. McManus

228 A.D.2d 453, 643 N.Y.2d 413, 643 N.Y.S.2d 413, 1996 N.Y. App. Div. LEXIS 6209

Opinion

As the People concede, the sentence imposed was illegal. The defendant was convicted, upon his plea of guilty, of attempted assault in the second degree and adjudicated a second violent felony offender based on his prior conviction of robbery in the second degree. Attempted assault in the second degree, however, is not a violent felony offense (see, Penal Law § 70.02 [1] [d]; § 110.05 [6]). The indeterminate sentence of 21U to 41/2 years imposed exceeded the maximum authorized sentence of 2 to 4 years for a second felony offender convicted of a Class E felony (see, Penal Law § 70.06 [3] [e]; 4 [b]). Mangano, P. J., Bracken, Sullivan, Altman and Friedmann, JJ., concur.