People v. Dallas

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered December 1, 2011, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

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

The defendant’s argument that the County Court misapprehended, and…