People v. Ray

Appellate Division of the Supreme Court of New York

People v. Ray

137 A.D.3d 463, 25 N.Y.S.3d 882

Appellate Division of the Supreme Court of the State of New York·Decided March 3, 2016·No. 405 827/13·Published

Opinion

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 20, 2014, convicting defendant, upon his plea of guilty, of burglary in the third degree, criminal mischief in the third degree and possession of burglar’s tools (two counts), and sentencing him to an aggregate term of 2V2 to 5 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the burglary conviction to a term of 2 to 4 years, resulting in a new aggregate term of 2 to 4 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. We do not find that defendant made a valid waiver of the right to appeal.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 20, 2014, convicting defendant, upon his plea of guilty, of burglary in the third degree, criminal mischief in the third degree and possession of burglar’s tools (two counts), and sentencing him to an aggregate term of 2V2 to 5 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the burglary conviction to a term of 2 to 4 years, resulting in a new aggregate term of 2 to 4 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. We do not find that defendant made a valid waiver of the right to appeal.

Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.

People v. Ray, 137 A.D.3d 463, 25 N.Y.S.3d 882 (N.Y. Ct. App. 2016).

Pincite

137 A.D.3d 463 (People v. Ray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.