People v. Randolphe

—Appeal by defendant, as limited by his brief, from a sentence of the County Court, Westchester County (Edelstein, J.), imposed August 14, 1984, upon his conviction of criminal possession of a weapon in the third degree, upon his plea of guilty, the sentence being a definite term of 90 days in the county jail, five years’ probation and $75 felony surcharge.

Sentence reversed, as a matter of discretion in the interest of justice, and matter remitted to the County Court, Westchester County, for resentencing in accordance herewith, and further proceedings pursuant to CPL 460.50 (5).

Initially, we…