AD2 order dated April 3, 2013, modifying judgment of conviction by reducing the sentence as excessive and otherwise affirming. Decision below: 105 AD3d 754, 962 NYS2d 347. Lippman, Ch.J., granted leave July 25, 2013.

ISSUE PRESENTED: Whether the evidence at trial allowed the jury to convict defendant of a crime different from the one for which he was indicted; preservation. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)

conviction for a crime differing from indicted charge