Appellate Division of the Supreme Court of the State of New York April 8, 2003 (People v. Smith)

Judgment, Supreme Court, New York County (Dora Irizarry, J.), rendered March 1, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent *365terms of 7V2 to 15 years, unanimously modified, as a matter of