People v Peak
2008 NY Slip Op 09259 [56 AD3d 370]
November 25, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Respondent,
v
Andre Peak, Also Known as Andre Pak, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Christina Graves of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Edward A. Jayetileke of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura Ward, J., at plea; Patricia Nunez, J., at sentence), rendered March 1, 2007, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 4½ to 9 years and 3½ to 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the attempted third-degree possession conviction to 3½ to 7 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.