Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered September 15, 2003. The judgment convicted defendant, upon his plea of guilty, of attempted forgery in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law and as a matter of discretion in the interest of justice by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Jefferson County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him, upon his plea
