People v. Leeper

—Appeal from a judgment of Chautauqua County Court (Cass, J.), entered October 3, 2000, convicting defendant upon his plea of guilty of criminal possession of a controlled substance in the fourth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice by vacating the resentence and as modified the judgment is affirmed and the matter is remitted to Chautauqua County Court for further proceedings in accordance with the following Memorandum: Contrary to defendant’s contention, County Court…