Opinion
July 22, 1985
Appeal from the Supreme Court, Queens County (Rotker, J.).
Sentence modified, on the law and as a matter of discretion in the interest of justice, by reducing the term of imprisonment to five years and five months to life. As so modified, sentence affirmed.
The People acknowledge that the sentence at bar should be modified so that it will conform to the court's original promise made during plea negotiations. At that time, Criminal Term promised the defendant that it would sentence him to a term of imprisonment with a minimum of six years less seven months. At sentencing, Criminal Term imposed a minimum of six years to life less six months' imprisonment. Accordingly, the sentence appealed from is modified to provide that the minimum term of imprisonment shall be a period of five years and five months, with a maximum term of life. As so modified, the sentence appealed from is affirmed. Mollen, P.J., Lazer, Niehoff and Lawrence, JJ., concur.