Opinion
September 22, 1994
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
As the People concede, both sides were under the mistaken impression that the drug charge was to be a Class A-II felony, when in fact the defendant actually pleaded guilty to a Class A-I felony. Accordingly, defendant's conviction should be modified to the extent above indicated "in order to effectuate the clear purpose and intent of the plea agreement" (People v. Henriquez, 188 A.D.2d 617). We find no merit to defendant's argument that the sentence is excessive.
Concur — Rosenberger, J.P., Ellerin, Ross, Rubin and Williams, JJ.