Opinion
April 5, 1999
Appeal from the Supreme Court, Kings County (Irizarry, J.).
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the indeterminate term of 10 to 20 years imprisonment imposed upon the defendant's conviction to an indeterminate term of 7 1/2 to 15 years imprisonment.
We find unpersuasive the defendant's contention that at the time he pleaded guilty, he had been led to believe that if he failed to complete the contemplated drug treatment program he would receive the minimum authorized prison sentence of 4 1/2 to 9 years. However, we find that the sentence of 10 to 20 years is excessive given the defendant's background and the circumstances of the instant offense; hence, we exercise our discretion to reduce the defendant's sentence to 7 1/2 to 15 years ( see generally, People v. Farrar, 52 N.Y.2d 302; People v. Suitte, 90 A.D.2d 80).
Mangano, P. J., O'Brien, Sullivan, Altman and McGinity, JJ., concur.