People v. Diaz

*947OPINION OF THE COURT

Nicholas Figueroa, J.

Defendant moves pursuant to CPL 440.20 to set aside his sentence on the ground that it constitutes cruel and unusual punishment. Alternatively, defendant seeks to modify his firearm conviction so that it not be deemed a violent offense. Following a jury trial, defendant was found guilty of criminal possession of a controlled substance in the first degree (Penal Law § 220.43 [1]) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). On May 28, 1987, defendant was sentenced to 15 years to life on the narcotics conviction, and…