Ordered that the sentence is modified, on the law, by reducing the sentence imposed to an indeterminate term of 3½ years' to 7 years' imprisonment; as so modified, the judgment is affirmed.
The People concede that the sentence imposed by the Supreme Court is illegal. The defendant was convicted, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, a class D felony (Penal Law § 220.31). Since the defendant was properly...
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