Opinion
Submitted December 29, 2000
February 26, 2001.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Kreindler, J.), imposed May 25, 2000, upon his conviction of assault in the third degree, upon a jury verdict, the sentence being a determinate term of one year imprisonment.
M. Sue Wycoff, New York, N.Y. (Jojo Annobil of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel), for respondent.
Before: BRACKEN, ACTING P.J., ALTMAN, McGINITY and H. MILLER, JJ., concur.
DECISION ORDER
ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment from one year to 364 days.
Under the circumstances of this case, we conclude that the defendant's sentence should be reduced by one day (see, People v. Cuaran, 261 A.D.2d 169).