People v. Rivera

114 A.D.2d 316, 494 N.Y.S.2d 87, 1985 N.Y. App. Div. LEXIS 52987

Opinion

Judgment of the Supreme Court, New York County (Norman C. Ryp, J.), rendered November 21, 1983, convicting defendant, after a guilty plea of robbery in the second degree, and sentencing him to 4 Vi to 9 years’ imprisonment as a second violent felony offender, unanimously modified on the law to reduce the sentence to a term of 4 to 8 years and, except as so modified, affirmed.

It is agreed that in return for defendant’s guilty plea he was promised the minimum statutory sentence for commission of a second violent class C felony. The minimum statutory sentence is 4 to 8 years (Penal Law § 70.04 [3] [b], [4]). Concur— Murphy, P. J., Sandler, Asch, Bloom and Ellerin, JJ.