People v. Hardy, 111 A.D.2d 667 (N.Y. App. Div. 1985). · Go Syfert
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The People of the State of New York
v.
Walter Hardy, Jr.
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 1985.
111 A.D.2d 667
1985 N.Y. App. Div. LEXIS 49932
Published

Judgment, Supreme Court, New York County (James J. Leff, J., and a jury), rendered April 28, 1983, convicting defendant of robbery in the first degree (Penal Law § 160.15), burglary in the first degree (Penal Law § 140.30) and robbery in the second degree (Penal Law § 160.10), and sentencing him to concurrent prison terms of 7 to 14 years on the first degree robbery and burglary counts, and 5 to 10 years on the second degree robbery count, unanimously modified, on the law, to reduce the sentence on the conviction for robbery in the second degree to 3V& to 10 years, to run concurrently with the 7- to 14-year sentence on the other counts, and otherwise affirmed.

As the People concede with commendable candor, the 5- to 10-year sentence on the second degree robbery count was unauthorized. The minimum should have been set at one third of the maximum rather than one half (Penal Law § 70.02 [1] [b]; [2] [a]; . [3] [b]; [4]).

The evidence was more than sufficient to convict the defendant beyond a reasonable doubt. Defendant was not denied a fair trial. We have examined all of the other claims of error made by the defendant and find them to be without merit. Concur — Sullivan, J. P., Carro, Fein, Kassal and Rosenberger, JJ.