Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment to a determinate period of incarceration of one year; as so modified the sentence is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The sentence originally imposed was excessive to the extent indicated (see, People v. Thompson, 60 N.Y.2d 513; People v Suitte, 90 A.D.2d 80; People v. Notey, 72 A.D.2d 279). Mangano, P.J., Brown, Balletta and Miller, JJ., concur.