People v. Vanwhervin

Appellate Division of the Supreme Court of New York

People v. Vanwhervin

137 A.D.3d 494, 26 N.Y.S.3d 465

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 2016·No. 428 1691/10·Published

Opinion

Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered February 27, 2013, convicting defendant, upon his *495 plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of eight years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to six years, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

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Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered February 27, 2013, convicting defendant, upon his *495 plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of eight years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to six years, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

Concur—Friedman, J.P., Acosta, Renwick and Richter, JJ.

People v. Vanwhervin, 137 A.D.3d 494, 26 N.Y.S.3d 465 (N.Y. Ct. App. 2016).

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