People v Tavarez
2009 NY Slip Op 03834 [62 AD3d 502]
May 14, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


The People of the State of New York, Respondent,
v
Jose Tavarez, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Charlotte Fishman of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J., at plea; Patricia M. Nunez, J., at sentence), rendered May 1, 2008, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Mazzarelli, J.P., Saxe, Nardelli, Renwick and Freedman, JJ.