People v. Rubin

OPINION OF THE COURT

Memorandum.

Judgment of conviction modified as a matter of discretion in the interest of justice by reducing the jail term imposed to 60 days, said term of imprisonment to be a condition of and run concurrent with a three-year sentence of probation and, as so modified, judgment of conviction affirmed and matter remanded to the court below for imposition of conditions of probation (see Penal Law, § 60.01, subd 2, par [d]).

While defendant contends on appeal that his motion to withdraw his plea should have been granted, his underlying contention is that the facts to which he…