November 25, 2008.
Judgment, Supreme Court, New York County (Laura Ward, J., at plea; Patricia Nunez, J., at sentence), rendered March 1, 2007, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 4½ to 9 years and 3½ to 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the attempted third-degree possession conviction to 3½ to 7 years, and otherwise affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Christina Graves of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Edward A. Jayetileke of counsel), for respondent.
Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.
We find the sentence excessive to THE extent indicated.