Filed Date: 1/8/1990
Status: Precedential
Modified Date: 10/31/2024
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered January 5, 1988, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to an indeterminate term of 8 Vi to 17 years’ imprisonment.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance with Penal Law § 70.06.
The defendant was convicted of the crime of robbery in the first degree, which is a class B felony (see, Penal Law § 160.15). As a second felony offender, he faced a possible sentence ranging from a minimum of 4 Vi to 9 years, to a maximum of
We have reviewed the defendant’s remaining argument and find it to be unpreserved for appellate review for the most part (see, People v Medina, 53 NY2d 951, 953), and, in any event, without merit (see, People v Galloway, 54 NY2d 396; People v Glenn, 140 AD2d 623). Mangano, J. P., Bracken, Sullivan and Balletta, JJ., concur.