Opinion
October 19, 1998
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant's conviction to attempted criminal possession of a controlled substance in the second degree; as so modified, the judgment is affirmed.
The defendant was not deprived of the effective assistance of counsel. The defendant, upon the advice of counsel, reaped the benefit of an extremely favorable plea agreement ( see, People v. Paterno, 141 A.D.2d 771).
The sentence imposed by the County Court was less than the minimum allowable under the terms of the Penal Law ( see, Penal Law § 70.00 [a] [i]; § 110.05 [1]; § 220.21). Under all the circumstances of this case, including the consent of the People, we conclude that the appropriate remedy is to give effect to the intent of the parties' plea agreement by reducing the grade of the offense upon which the defendant's conviction is based (see, Penal Law § 70.00 [a] [ii]; § 220.18; People v. Carter, 196 A.D.2d 633).
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.