Opinion
May 12, 1987
Appeal from the Supreme Court, New York County (Martin H. Rettinger, J.).
An examination of the record of this case clearly demonstrates, and the People concede, that it was the intention of the parties to the agreement herein that defendant plead guilty to criminal sale of a controlled substance in the second degree, a class A-II felony. Consequently, in the interests of justice, defendant is entitled to have his conviction reduced accordingly. We have received appellant's pro se brief and adhere to the determination herein.
Concur — Murphy, P.J., Ross, Asch, Milonas and Rosenberger, JJ.