Opinion
September 29, 2000.
Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Possession Controlled Substance, 3rd Degree.
PRESENT: GREEN, J. P., PINE, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum:
We modify the judgment insofar as it imposes sentence on the count of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) as a matter of discretion in the interest of justice by reducing the sentence to a term of incarceration of 3 to 9 years and otherwise we affirm the judgment.