Opinion
June 4, 1985
Appeal from the Supreme Court, Monroe County, Reed, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Green and Schnepp, JJ.
Judgment unanimously modified, as a matter of discretion in the interest of justice by vacating the sentence imposed as a persistent felony offender and by sentencing defendant as a second felony offender to an indeterminate term having a maximum term of 10 years and a minimum term of 5 years (Penal Law § 70.06 [c]; [4] [b]; CPL 470.15 [c]), and otherwise, judgment affirmed.