Opinion
February 3, 1995
Appeal from the Niagara County Court, Fricano, J.
Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum:
Upon our review of the record, we modify the sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [b]; People v. Thompson, 60 N.Y.2d 513, 519) by vacating the sentence of imprisonment and the order of protection.