Appellate Division of the Supreme Court of New York, 1999

People v. Cuaran

People v. Cuaran
Appellate Division of the Supreme Court of New York · Decided May 11, 1999
261 A.D.2d 169; 689 N.Y.S.2d 392; 1999 N.Y. App. Div. LEXIS 5302
People v. Cuaran

Opinion of the Court

—Judgment, Supreme *170Court, New York County (Alvin Schlesinger, J.), entered June 25, 1996, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 1 year, unanimously modified, as a matter of discretion in the interest of justice, to reduce defendant’s sentence to a term of 364 days, and otherwise affirmed.

As the People appropriately concede, the interest of justice would be served by a one-day reduction in defendant’s sentence in order to relieve him of an unanticipated effect on his immigration status that would result from a sentence of 1 year. Concur — Rosenberger, J. P., Nardelli, Lerner, Saxe and Friedman, JJ.

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