People v. Catti

Appeal by defendant (1) from a judgment of the Supreme Court, Queens County, rendered January 12, 1973, convicting him of attempted possession of a dangerous drug in the fourth degree, upon his plea of guilty, and imposing sentence, and, (2) by permission, from an order of the same court, dated February 8, 1973, denying, after a hearing, Ms motion to vacate *959the judgment (CPL 440.10). Judgment and order modified, on the law and as a matter of discretion in the interest of justice, to the extent of reversing the sentence; as so modified, judgment and order affirmed; and case remanded to the…