People v. Rodriguez

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered May 6, 1991, convicting him of attempted criminal possession of a controlled substance in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, as a matter of *822discretion in the interest of justice, by reducing the defendant’s conviction to attempted criminal possession of a controlled substance in the second degree; as so modified, the judgment is affirmed.

Prior to the acceptance of his plea of guilty, the defendant withdrew all of his…