People v Bailey
2007 NY Slip Op 06789 [43 AD3d 719]
September 20, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


The People of the State of New York, Respondent,
v
Errol Bailey, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Richard Nahas of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about July 20, 2005, convicting defendant, upon his plea of guilty, of attempted sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7½ to 15 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to a term of 3½ to 7 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Lippman, P.J., Mazzarelli, Sullivan, Nardelli and Sweeny, JJ.