Appellate Division of the Supreme Court of the State of New York October 9, 2008 (People v. D'Agostino)

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered October 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of marijuana in the first degree, and sentencing him to a term of three years, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).