PEOPLE v. RYANS


186 A.D.2d 233 (1992)

The People of the State of New York, Respondent, v. Anthony Ryans, Appellant

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

September 21, 1992


Ordered that the sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

The defendant correctly contends that the indeterminate term of 10 to 20 years imprisonment imposed by the Supreme Court was illegal to the extent that it was based on the erroneous assumption that attempted murder in the second degree is an armed felony offense (see, CPL 1.20 [41]; People v Pride...

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