Opinion
February 27, 1987
Appeal from the Supreme Court, Monroe County, Contiguglia, J.
Present — Dillon, P.J., Callahan, Green, Balio and Davis, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed, in accordance with the following memorandum: When defendant entered his plea of guilty, the court incorrectly advised him that it was empowered to impose a maximum sentence of 4 1/2 to 15 years. At the time of sentencing, the court imposed a term of 5 years to 15 years. Since defendant was led to believe that the maximum-minimum sentence which could be imposed was 4 1/2 years, we, in the interest of justice, reduce defendant's sentence to an indeterminate term of 4 1/2 to 13 1/2 years.