People v. Jimenez

2016 NY Slip Op 7100, 143 A.D.3d 655, 39 N.Y.S.3d 768

Opinion

Judgment, Supreme Court, Bronx County (George Villegas, J., at plea; Raymond Bruce, J., at sentencing), rendered March 19, 2015, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of two years, with IV2 years’ postrelease supervision, and otherwise affirmed.

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., Andrias, Moskowitz, Gische and Gesmer, JJ.