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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE EDWARDS, Appellant.

Defendant admitted that on three separate occasions he robbed elderly women by displaying either a knife or gun. In two of these crimes, defendant used a knife to threaten the victim. While the court may fix the minimum period of imprisonment at one half the maximum where a defendant has been convicted for a class B armed felony offense, the sentences on the second and third robbery counts, where it was charged defendant used a dangerous instrument, i.e., a knife, were illegal since these two counts were not armed felony offenses under the appropriate statutory law. (See, Penal Law § 70.02; CPL 1.20.) Consequently, we reduce the sentences to 8 1/3-to-25-year terms of imprisonment.

However, defendant has shown no reason why the valid sentence of 12 1/2 to 25 years for the first count of first degree robbery, which was an "armed felony", should be reduced in the interests of justice. Defendant engaged in a burglary and robbery spree, preying upon elderly women and causing physical injury in some instances. He has already received the benefit of his agreed-upon plea bargain.

Concur — Kupferman, J.P., Carro, Asch, Kassal and Ellerin, JJ.

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PEOPLE v. EDWARDS
(Jul 3, 1986)