Appeal from a judgment of the Justice Court of the Town of Montgomery, Orange County (Frederick Gorss, J.), rendered June 15, 2006. The judgment, insofar as appealed from as limited by the brief, convicted defendant, upon his plea of guilty, of driving while ability impaired by drugs, adjudicated him a youthful offender, and sentenced him to three years' probation and to 30 days' incarceration as a condition of probation.

Judgment of conviction, insofar as appealed from, modified as a matter of discretion in the interest of justice by deleting the provision of the sentence imposing 30-days' incarceration as a condition of probation; as so modified, affirmed.

Upon our review of the facts and circumstances, we are persuaded that the interests of justice will be best served by a modification of the sentence imposed as indicated above (CPL 470.15 [3] [c], [6] [b]; People v Delgado, 80 NY2d 780, 783 [1992]; People v Suitte, 90 AD2d 80, 85-86 [1982]).

Rudolph, P.J., and Molia J., concur.

Scheinkman, J., concurs in a separate memorandum.

Scheinkman, J., concurs in the following memorandum:

While I concur with the majority's determination to modify the sentence as indicated, I note that, given the nature of the offense, a five-day period of incarceration would also have been appropriate.
Decision Date: December 19, 2008