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PEOPLE v. PERKINS

123 A.D.2d 582 (1986)

The People of the State of New York, Respondent, v. Roy Perkins, Appellant

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

October 23, 1986

As the People acknowledge, the maximum sentence authorized by law on a conviction of assault in the second degree as a violent felony offender is seven years. (See, Penal Law § 70.04 [3] [c].) Accordingly, the concurrent indeterminate sentence of 5 to 10 years imposed on defendant on his conviction for assault in the second degree was unauthorized and must be vacated, and the matter remanded for resentencing.

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