People v. Slater
This text of 2017 NY Slip Op 1236 (People v. Slater) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed September 17, 2014, consisting of a determinate term of imprisonment of 8V2 years plus a period of two years of postrelease supervision, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty, on the ground that the sentence was illegal or, in the alternative, excessive.
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the sentence from a determinate term of imprisonment of 8V2 years to a determinate term of imprisonment of six years.
Contrary to the defendant’s contention, his sentence was not imposed on the basis of materially untrue assumptions or misinformation (see People v Naranjo, 89 NY2d 1047, 1049 [1997]).
The sentence was excessive to the extent indicated (see People v Suitte, 90 AD2d 80, 86 [1982]).
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Cite This Page — Counsel Stack
2017 NY Slip Op 1236, 147 A.D.3d 981, 46 N.Y.S.3d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slater-nyappdiv-2017.