Criminal possession of a weapon in the second degree (Penal Law § 265.03) is a class C violent felony offense (Penal Law § 70.02 [1] [b]) for which a minimum period of imprisonment must be fixed at one third of the maximum period imposed (Penal Law § 70.02 [4]) absent any prior felony convictions. Accordingly, as the People acknowledge, a minimum period of one third, not one half, of the maximum term imposed should have been fixed.
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