People v. Gibbons

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant was convicted upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25) and grand larceny in the third degree (Penal Law § 155.35). County Court sentenced defendant to indeterminate terms of IV2 to 4V2 years’ imprisonment on each *938count, to run concurrently. Immediately thereafter, the court changed the sentence imposed for the attempted burglary count to 2 to 4 years, stating that, because the…