63 A.D.2d 919 | N.Y. App. Div. | 1978
Judgment, Supreme Court, Bronx County, rendered January 24, 1977, convicting defendant of attempted murder in the first degree and of robbery in the first degree, and sentencing him to concurrent terms of imprisonment of 17 years to life on the attempted murder conviction, and to 816 to 25 years on the robbery conviction, is unanimously modified, on the law, to reduce the conviction of attempted murder in the first degree to attempted assault in the first degree, and to reduce the sentence thereon to an indeterminate sentence with a minimum of 216 years and a maximum of 7 years to run concurrently with the sentence for robbery in the first degree, and the judgment is otherwise affirmed. In the course of a robbery of a subway token booth, interrupted by the police who had staked out the station to watch for such a possibility, defendant fired one shot in the direction of a police officer, which passed several feet from the police officer.