Judgment modified, on the law, by reducing the minimum period of incarceration imposed upon the conviction of attempted murder in the second degree to eight and one-third years. As so modified, judgment affirmed.
The trial court erroneously imposed a minimum sentence of 12½ years' imprisonment upon the defendant's conviction of attempted murder. The minimum sentence under the circumstances herein is eight and one-third years (see Penal Law, § 70.02, subd...
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