Opinion
January 30, 1995
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment from 15 years to life imprisonment to 7 1/2 to 15 years imprisonment; as so modified, the judgment is affirmed.
The grounds set forth by the defendant in support of his claim of ineffective assistance of counsel, insofar as reviewable on this record, lack merit.
The defendant failed to appear for sentencing and was subsequently arrested on unrelated charges, both events constituting violations of the plea agreement. In accordance with that agreement, the court, which had promised to sentence the defendant to an indeterminate term of 4 to 8 years imprisonment if he complied with the court's directives, sentenced the defendant, as a persistent nonviolent felony offender (see, Penal Law § 70.10; see also, People v. Molesse, 162 A.D.2d 629), to a term of 15 years to life imprisonment. Considering all of the circumstances of this case, we conclude that the enhanced sentence imposed by the Supreme Court was unduly harsh. As a matter of discretion in the interest of justice, we reduce the sentence to an indeterminate term of 7 1/2 to 15 years imprisonment (see, People v. Prescott, 196 A.D.2d 599; People v McCoy, 182 A.D.2d 713). Ritter, J.P., Copertino, Joy and Hart, JJ., concur.