People v Toro
2009 NY Slip Op 05266 [63 AD3d 615]
June 25, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


The People of the State of New York, Respondent,
v
Wilson Toro, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J., at plea; Denis J. Boyle, J., at sentence), rendered May 16, 2008, convicting defendant of attempted criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 3½ to 7 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., Andrias, Nardelli, DeGrasse and Abdus-Salaam, JJ.