Opinion
August 23, 1993
Appeal from the Supreme Court, Kings County (Corriero, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant's conviction to attempted criminal possession of a controlled substance in the second degree; as so modified, the judgment is affirmed.
The sentence imposed by the Supreme Court was less than the minimum available under the terms of the Penal Law (see, Penal Law § 70.00 [a] [i]; § 110.05 [1]; § 220.43). Under all the circumstances of this case, we conclude that the appropriate remedy is to give effect to the intent of the parties' plea agreement by reducing, with the consent of the People, the grade of the offense upon which the defendant's conviction is based (see, Penal Law § 70.00 [a] [ii]; § 220.41; People v Herniquez, 188 A.D.2d 617; People v Laino, 186 A.D.2d 226; People v Brown, 147 A.D.2d 489). Mangano, P.J., Bracken, Rosenblatt, Copertino and Pizzuto, JJ., concur.