People v. Puca

Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered October 6, 2011, convicting him of attempted assault in the second degree, upon his plea of guilty, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of 2 to 4 years.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent herewith.

Although the…