People v. McPhail

— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25), which is a class D violent felony (see, Penal Law § 70.02 [1] [c]). The sentencing court was mistaken when it stated that it believed that there was a requirement that defendant be incarcerated upon such conviction. Upon conviction for a class D violent felony, a number of sentencing options are available. Defendant could have received an indeterminate term ranging from a minimum of 1 to 3 years to 2…