People v. Torres

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered January 15, 1987, convicting him of murder in the second degree, attempted murder in the second degree (three counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant was erroneously sentenced as a second felony offender for…