People v. Main

Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted in 1985 of attempted criminal possession of stolen property in the first degree upon a plea of guilty and sentenced as a second felony offender to 1 Vi to 3 years incarceration. In 1992, Supreme Court granted defendant’s motion to be resentenced pursuant to CPL 440.20 on the ground that defendant had been improperly sentenced as a second felony offender and he was resentenced to one to three years incarceration. The court denied his motion to vacate the…