People v. Velasquez

25 A.D.3d 501, 807 N.Y.S.2d 298

Opinion

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 6, 2003, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

There is no basis for reducing defendant’s conviction to a lesser offense in the interest of justice. While this Court has reduced convictions in the interest of justice for the purpose of correcting errors (see e.g. People v Rosale, 227 AD2d 185 [1996]), we do not consider it appropriate to do so for the purpose of granting dispensations from mandatory sentencing statutes. Concur—Mazzarelli, J.P., Saxe, Nardelli, Sweeny and McGuire, JJ.