People v. Baron

Appellate Division of the Supreme Court of New York

People v. Baron

199 A.D.2d 326, 606 N.Y.S.2d 995

Appellate Division of the Supreme Court of the State of New York·Decided December 13, 1993·Published

Opinion

—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed November 17, 1992, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty, the sentence being an indeterminate term of imprisonment of 4 to 12 years.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment to an indeterminate term of 1 to 3 years; as so modified, the sentence is affirmed.

Contrary to the People’s contention, we find that the defendant’s purported waiver of his right to appeal his sentence was not valid (see, People v DeSimone, 80 NY2d 273, 282-283). Furthermore, under the circumstances of this case, we find that the sentence imposed upon the defendant, a 16-year-old first offender, was excessive to the extent indicated (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Sullivan, Rosenblatt, Eiber and Joy, JJ., concur.

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—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed November 17, 1992, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty, the sentence being an indeterminate term of imprisonment of 4 to 12 years.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment to an indeterminate term of 1 to 3 years; as so modified, the sentence is affirmed.

Contrary to the People’s contention, we find that the defendant’s purported waiver of his right to appeal his sentence was not valid (see, People v DeSimone, 80 NY2d 273, 282-283). Furthermore, under the circumstances of this case, we find that the sentence imposed upon the defendant, a 16-year-old first offender, was excessive to the extent indicated (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Sullivan, Rosenblatt, Eiber and Joy, JJ., concur.

People v. Baron, 199 A.D.2d 326, 606 N.Y.S.2d 995 (N.Y. Ct. App. 1993).

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Opinion

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