People v. Vick

¶1— Judgment insofar as it imposes sentence unanimously modified, as a matter of discretion in the interest of justice, to eliminate the minimum sentence and reduce the maximum to four years and otherwise judgment affirmed, without prejudice to defendant’s moving pursuant to CPL 440.10 (subd 1, par [e]) to vacate the judgment. (Appeal from judgment of Ontario County Court— burglary, second degree.) Present — Simons, J. P., Hancock, Jr., Schnepp, Callahan and Appellant. JJ.