People v. Santana

2024 NY Slip Op 05144
Appellate Division of the Supreme Court of the State of New York·Decided October 17, 2024·No. Ind No. 3272N/19 Appeal No. 2848 Case No. 2021-00346·Published

Opinion

People v Santana (2024 NY Slip Op 05144)
People v Santana
2024 NY Slip Op 05144
Decided on October 17, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: October 17, 2024
Before: Renwick, P.J., Moulton, Friedman, Higgitt, Rosado, JJ.

Ind No. 3272N/19 Appeal No. 2848 Case No. 2021-00346

[*1]The People of the State of New York, Respondent,

v

Carlos Santana, Defendant-Appellant.


Twyla Carter, The Legal Aid Society, New York (Mary-Kathryn Smith of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Hunter Baehren of counsel), for respondent.



Judgment, Supreme Court, New York County (Steven Statsinger, J.), rendered January 26, 2021, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of four years' probation, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: October 17, 2024



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People v. Santana, 2024 NY Slip Op 05144 (N.Y. Ct. App. 2024).

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Related

§ 431
New York JUD § 431