Opinion
2779
January 14, 2003.
Judgment, Supreme Court, New York County (Laura Ward, J.), rendered January 18, 2001, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the conviction, substituting a conviction of criminal possession of a controlled substance in the fifth degree and reducing the sentence to a term of 2½ to 5 years, and otherwise affirmed.
Mark W. Zeno, for Defendant-Appellant.
Nardelli, J.P., Tom, Mazzarelli, Andrias, Saxe, JJ.
As the People concede, defendant's conviction and sentence should be modified as indicated for the purpose of effectuating the plea bargain agreed upon by the parties and the court (see People v. Naji, 276 A.D.2d 443).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.