People v. Paris

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 13, 1984, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.

Although the defendant was adjudicated a second felony offender, the transcript of the stenographic minutes of the sentencing reflects…