People v. Logan (7 A.D.3d 332, 2004)

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered April 28, 2002, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of five years to life, unanimously modified, on the law, to the extent of reducing the sentence to a term of four years to life, and otherwise affirmed.

As the People correctly concede, since defendant was convicted of a class E felony and sentenced as a persistent violent felony offender, his sentence should have been four years to life, the maximum permissible sentence (People v Tolbert, 93 NY2d 86 [1999]). Concur—Nardelli, J.P., Lerner, Friedman and Gonzalez, JJ.