People v Johnson
2011 NY Slip Op 00426 [80 AD3d 536]
January 27, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


The People of the State of New York, Respondent,
v
Jamel Johnson, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered August 19, 2009, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 15 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 10 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Gonzalez, P.J., Sweeny, Acosta, Freedman and Abdus-Salaam, JJ.

[Recalled and vacated, see 84 AD3d 412.]