On appeal, defendant contends that he was illegally sentenced as an armed felon. We agree. An "armed felony" is defined in CPL 1.20 (41) as:
"[A]ny violent felony offense defined in section 70.02 of the penal law that includes as an element either:
"(a) possession, being armed with or causing serious physical injury by means of a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
"(b) display of what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm."
Although attempted murder in the second degree and the theory of first degree robbery of which defendant was convicted are both class B violent felonies, neither crime satisfies the second requirement of the definition of an armed felony because their elements do not include either possession of a deadly weapon or display of a firearm. In that regard, the fact that guns were involved in both crimes to which defendant pleaded guilty is irrelevant to the legal analysis. (See, People v Thorpe, 129 A.D.2d 822, 823; People v Roman, 114 A.D.2d 809, 810, lv denied 67 N.Y.2d 889.)
Consequently, since neither crime is an armed felony offense as defined by CPL 1.20 (41), the imposition of a minimum term of imprisonment of one half the maximum term imposed was unauthorized. (See, Penal Law § 70.02.) Rather, the minimum period of imprisonment under an indeterminate sentence for a violent felony offense, not otherwise designated as an armed felony offense, must be fixed at one third of the maximum term imposed. (See, Penal Law § 70.02; People v Battles, 117 A.D.2d 509, lv denied 68 N.Y.2d 665; People v Rivera, 111 A.D.2d 71, 72; People v Lawrence, 97 A.D.2d 718, affd 64 N.Y.2d 200.)
Accordingly, the judgment is modified to the extent of reducing the minimum term of each sentence to six years, and is otherwise affirmed.
Concur — Kupferman, J.P., Ross, Carro, Rosenberger and Smith, JJ.