Note: There appears to be a technical error:

     As currenly enacted, Penal Law 60.05(5) presently reads:

     "5.  Certain  class  D  felonies.  Except as provided in subdivision six,
     every person convicted of the class D  felonies  of  attempt  to  commit
     assault  in the first degree as defined in section 120.10, or assault in
     the second degree as defined in section  120.05,  attempt  to  commit  a
     class  C  felony  as  defined  in  section  230.30, must be sentenced in
     accordance with section 70.00 or 85.00."

     Since the Legislature has reclassifed PL 120.10 as a class B felony,  
its attempted commission is now a class C felony. In addition, in its requirement 
of a sentence in accordance with PL 70.00 or 85.00, the above paragraph seems 
inconsistent with PL 60.05(4) and 70.02(1)(a) and (1)(b), which together define 
attempted assault in the first degree as a class C violent felony and require a
sentence of imprisonment in accordance with PL 70.02.  

     Therefore, it would seem the above paragraph PL 60.05(5) should be amended 
to delete the reference to attempted assault in the first degree.