People v. Barone

*586We exercise our discretion in the interest of justice to modify defendants’ sentences so that the sentences for the remaining counts run concurrently. Pursuant to CPL 470.15 (6) (b), this Court has “broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances,” even with respect to an otherwise legal sentence (see People v Delgado, 80 NY2d 780, 783 [1992]). This power may be exercised in the interest of justice and without deference to the sentencing court (id.). Where the court deems an otherwise legal sentence to be excessive, it may “substitute [its] own…