Judgment unanimously modified in accordance with memorandum and, as modified, affirmed and matter remitted to Orleans County Court for further proceedings.
Memorandum:
Defendant was convicted on his plea of guilty to a charge of criminal possession of a controlled substance in the sixth degree (Penal Law, § 220.06, subd 3) and sentenced to an indeterminate term of imprisonment of seven years for possession of less than one ounce of marijuana. Under all...
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