People v. Lawrence

OPINION OF THE COURT

Memorandum.

On defendant’s appeal and the People’s cross appeal, the order of the Appellate Division, reducing defendant’s conviction from criminal possession of a controlled substance in the fifth degree to criminal possession of a controlled substance in the seventh degree, should be modified by reinstating defendant’s conviction and sentence- for criminal possession of a controlled substance in the fifth degree and the case remitted to the Appellate Division, Fourth Department, for consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b) and, as so…