
    [649 NYS2d 317]
    The People of the State of New York, Respondent, v Howard B. Nuchow, Appellant.
    Supreme Court, Appellate Term, Second Department,
    July 11, 1996
    APPEARANCES OF COUNSEL
    
      McCormack, Damiani, Lowe & Mellion, New City (James H. Mellion and Gerard M. Damiani of counsel), for appellant. Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen M. O’Hara of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously modified as a matter of discretion in the interest of justice, by reducing the sentence to the 49 days already served and by imposing a sentence of three years’ probation. The matter is remanded to the court below to impose the terms and condition of probation.

In our opinion, the interests of justice will be best served by modifying the judgment as indicated.

DiPaola, P. J., Collins and Ingrassia, JJ., concur.  