People v. Cruz

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered May 4, 1993, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of from 5 to 10 years, unanimously modified, on the law and as a matter of discretion in the interest of justice, to reduce the conviction to criminal possession of a *450controlled substance in the third degree, and otherwise affirmed.

As the People concede, defendant’s conviction should be modified to reflect the intent of the…