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PEOPLE v. RIVERA

111 A.D.2d 71 (1985)

The People of the State of New York, Respondent, v. Taino Rivera, True Name Edward Soba, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 16, 1985

Possession of a deadly weapon or display of a firearm is not an element of either manslaughter in the first degree or attempted murder in the second degree. Consequently neither crime is an armed felony offense as defined by CPL 1.20 (41) and the imposition of a minimum term of imprisonment of one half the maximum term of 25 years pursuant to Penal Law § 70.02 (4) was illegal. (See, People v Lawrence,

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