People v. Fermin

Appeal from judgment, Supreme Court, New York County (Bruce Allen, J.), rendered November 21, 2006, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of 60 days, held in abeyance, and the matter remitted for further proceedings in accordance herewith.

For the reasons stated in People v Brazil (123 AD3d 466 [2014] [decided herewith]), we find that People v Peque (22 NY3d 168 [2013], cert denied 574 US —, 135 S Ct 90 [2014]) applies retroactively to cases pending on direct appeal.

When…