Opinion
March 8, 1996
Appeal from the Monroe County Court, Bristol, J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: In light of the fact that defendant has no prior record, and in view of her compliant role in the drug transaction, her emotional instability and her mental illness, we conclude that the sentence imposed is unduly harsh and severe. We, therefore, modify the sentence as a matter of discretion in the interest of justice, by reducing it to an indeterminate term of imprisonment of three years to life ( see, Penal Law § 70.00 [a]; [3] [a] [ii]; People v Delgado, 80 N.Y.2d 780; People v Thompson, 60 N.Y.2d 513).