Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered April 3, 1981, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing concurrent sentences of imprisonment of 20 years to life and 12 1/2 to 25 years, respectively. Judgment modified, on the law, by reducing the minimum period of incarceration imposed upon the conviction of attempted murder in the second degree to eight and one-third years. As so modified, judgment affirmed. The trial court erroneously imposed a minimum sentence of 12 1/2 years' imprisonment upon the defendant's conviction of attempted murder. The minimum sentence under the circumstances herein is eight and one-third years (see Penal Law, § 70.02, subd 4, as it read prior to amdt by L 1980, ch 233, § 2). We have examined defendant's other contentions and find them to be without merit. Mollen, P.J., Gulotta, Brown and Niehoff, JJ., concur.