Opinion
April 14, 1987
Appeal from the Supreme Court, Bronx County (Joseph A. Cerbone, J.).
As we held on the appeal of defendant's accomplice following the latter's conviction of the same crimes encompassed in the first judgment after a joint trial with defendant, the imposition of a sentence of 8 1/3 to 25 years for the counts charging criminal possession of a weapon in the second degree was unauthorized, because that crime, as defined in Penal Law § 265.03, is a class C felony (People v Nieves, 111 A.D.2d 83). Here, too, the prosecution concedes that the maximum term of imprisonment permissible for such an offense is 15 years (Penal Law § 70.00 [c]).
Here again we find the intent of the sentencing court clear to impose the maximum sentence on this defendant for the two weapons offenses. Accordingly, we modify to reduce the sentence on each of those two counts to 5 to 15 years, to run concurrently with the other sentences imposed.
We have reviewed the other points raised by defendant in connection with his appeals from these two judgments and find them without merit.
Concur — Murphy, P.J., Kupferman, Carro, Wallach and Smith, JJ.