| People v Castaneda |
| 2007 NY Slip Op 06118 [42 AD3d 504] |
| July 17, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Evaristo Castaneda, Appellant. |
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Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment for assault in the second degree to a determinate term of four years; as so modified, the sentence is affirmed.
The court, in sentencing the defendant to seven years' imprisonment for assault in the second degree, incorrectly stated that the defendant was an alien illegally in the United States. In light of all of the circumstances, we find that the sentence was excessive to the extent indicated herein (see People v Suitte, 90 AD2d 80 [1982]). Crane, J.P., Goldstein, Covello and Dickerson, JJ., concur.