People v Torres
2010 NY Slip Op 08639 [78 AD3d 576]
November 23, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


The People of the State of New York, Respondent,
v
Amauris Torres, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Richard L. Price, J.), rendered February 9, 2009, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him to a term of six years with five years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 4½ years, and otherwise affirmed.

The record does not establish a valid waiver of the right to appeal. We find the sentence excessive to the extent indicated. Concur—Andrias, J.P., Catterson, Moskowitz, Manzanet-Daniels and RomÁn, JJ.