Citation Numbers: 72 A.D.3d 1124, 900 N.Y.S.2d 769
Judges: Garry
Filed Date: 4/1/2010
Status: Precedential
Modified Date: 11/1/2024
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered November 8, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance" in the third degree.
In 2007, in satisfaction of a six-count indictment, defendant pleaded guilty to attempted criminal possession of a controlled substance in the third degree, a class C felony (see Penal Law §§ 110.00, 110.05, 220.16 [1]). In' accord with the plea agreement, County Court sentenced him as a nonviolent second felony offender to a prison term of three years, to be executed as a parole supervision sentence, thus allowing for his participation in a drug treatment program. Defendant appeals.
The sentence imposed was not authorized by law. At the time of the plea and sentencing, defendant’s conviction for a class C felony did not qualify for a disposition of parole supervision (see Penal Law former § 70.70 [3] [b] [i]; [d]; CPL former 410.91 [5]).
Cardona, P.J., Lahtinen, Malone Jr. and Stein, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence imposed; matter remitted to the County Court of Schenectady County for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.
CPL 410.91 was amended in 2009 to include a class C controlled substance felony offense as a specified offense eligible for parole supervision (see L 2009, ch 56, part AAA, § 8).