People v. Patterson

Judgment unanimously modified on the law by vacating the sentence imposed and sentencing defendant to a concurrent indeterminate term of 2V2 to 5 years and as modified affirmed, in accordance with the following memorandum: Defendant was sentenced as a *939second violent felony offender to an indeterminate term of 6 to 12 years upon his conviction of attempted burglary in the second degree, a class D felony, for which the maximum legal sentence is 5 to 7 years and the minimum legal sentence is 2Vz to 3Vz years (Penal Law § 70.04 [3] [c]; [4]). This sentence was the result of an apparent…