People v. Phipps

Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered September 9, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the first degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of reducing defendant’s conviction to criminal possession of a controlled substance in the second degree, and otherwise affirmed.

The defendant correctly contends, and the People concede, that his…