People v Elliot
2014 NY Slip Op 00574 [113 AD3d 567]
January 30, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Lawrence Elliot, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Andrew E. Seewald of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 7, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third 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 12 years, and otherwise affirmed.

The record does not establish a valid waiver of defendant's right to appeal. We find the sentence excessive to the extent indicated. Concur—Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.