Appellate Division of the Supreme Court of New York, 2017

People v. Anonymous

People v. Anonymous
Appellate Division of the Supreme Court of New York · Decided January 19, 2017 · Friedman, Renwick, Richter, Moskow-Itz, Kapnick
2017 NY Slip Op 413; 146 A.D.3d 617; 44 N.Y.S.3d 762
People v. Anonymous

Opinion

Judgment, Supreme Court, New York County (Robert M. Stolz, J., at plea; James M. Burke, J., at sentencing), rendered October 8, 2014, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of five years, with three years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison terms to concurrent terms of three years, and otherwise affirmed.

*618 We do not find that defendant made a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated.

Concur — Friedman, J.P., Renwick, Richter, Moskow-itz and Kapnick, JJ.

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