People v. Fusillo

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered May 20, 1982, convicting him of criminal possession of marihuana in the first degree, upon a jury verdict, and imposing sentence as a second felony offender. Judgment modified, as a matter of discretion in the interest of justice, defendant’s adjudication as a second felony offender and the sentence imposed thereon are vacated, and the case is remitted to the Supreme Court, Suffolk County, for a new determination as to defendant’s status as a second felony offender, and for resentencing. As so…