People v. Cook (207 A.D.2d 725, 1994)

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered February 25, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 5 years to life and IVs to 4 years, respectively, unanimously modified, on the law and as a matter of discretion in the interest of justice, to reduce the conviction of attempted criminal possession of a controlled substance in the first degree to attempted criminal possession of a controlled substance in the second degree, and otherwise affirmed.

As the People concede, both sides were under the mistaken impression that the drug charge was to be a Class A-II felony, when in fact the defendant actually pleaded guilty to a Class A-I felony. Accordingly, defendant’s conviction should be modified to the extent above indicated "in order to effectuate the clear purpose and intent of the plea agreement” (People v Henriquez, 188 AD2d 617). We find no merit to defendant’s argument that the sentence is excessive. Concur—Rosenberger, J. P., Ellerin, Ross, Rubin and Williams, JJ.