People v. Cuaran

261 A.D.2d 169, 689 N.Y.S.2d 392, 1999 N.Y. App. Div. LEXIS 5302

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 11, 1999
• Status: Published

Opinion

—Judgment, Supreme Court, 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.