People v. Downes

*706Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered June 13, 2011, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing an indeterminate term of imprisonment of 2 to 6 years.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings consistent herewith.

The defendant pleaded guilty to grand larceny in the…