People v. Tomasullo

Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Sharpe, J.), imposed March 11, 1983, upon his conviction of robbery in the third degree, on his plea of guilty, the sentence being an indeterminate term of 2 Vi to 5 years’ incarceration.

Sentence modified, on the law, by reducing the sentence to an indeterminate term of 2 to 4 years’ imprisonment. As so modified, sentence affirmed.

Our examination of the record discloses that the sentencing court intended to sentence defendant, as a predicate felon, to the minimum term authorized for his…