People v. Lusby

Appeal from a judgment of Ontario County Court (Harvey, J.), *1333entered July 17, 2002, convicting defendant after a jury trial of forgery in the second degree and attempted petit larceny.

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 finding that defendant is a persistent felony offender and reducing the sentence imposed on forgery in the second degree to an indeterminate term of incarceration of 3½ to 7 years and as modified the judgment is affirmed.

Memorandum: We reject…