People v. Dacosta

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Corrado, J.), rendered May 21, 1990, convicting him of attempted murder in the first degree and attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant’s conviction of attempted murder in the first degree to attempted murder in the second degree; as so modified, the judgment is affirmed.

As part of the negotiated plea agreement, it was agreed that the defendant would…