Opinion
January 10, 1995
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
As the People concede, defendant's conviction should be modified to reflect the intent of the plea agreement that defendant plead to a class B felony (see, People v. Cook, 207 A.D.2d 725; People v. Rayne, 191 A.D.2d 273, 274, lv denied 81 N.Y.2d 1018). In view of defendant's extensive criminal record, we find no merit to defendant's argument that the negotiated sentence is excessive.
Concur — Kupferman, J.P., Ross, Rubin and Williams, JJ.