People v. Tineo

Appellate Division of the Supreme Court of New York

People v. Tineo

135 A.D.3d 568, 22 N.Y.S.3d 852

Appellate Division of the Supreme Court of the State of New York·Decided January 19, 2016·No. 16684 2320/12·Published

Opinion

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second 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 prison term to two years, 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 — Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.

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Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second 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 prison term to two years, 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 — Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.

People v. Tineo, 135 A.D.3d 568, 22 N.Y.S.3d 852 (N.Y. Ct. App. 2016).

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