| People v Fulton |
| 2015 NY Slip Op 00217 [124 AD3d 415] |
| January 6, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jason Fulton, Appellant. |
Richard M. Greenberg, Office of the Appellate Defender, New York (Leila N. Tabbaa of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered
March 15, 2013, convicting defendant, upon his plea of guilty, of criminal sale of a
controlled substance in the fourth degree, and sentencing him to a term of five years,
with three years' postrelease supervision, unanimously modified, as a matter of discretion
in the interest of justice, to the extent of reducing the prison term to 3
Defendant's appeal waiver did not encompass the issue of the severity of a potential enhanced sentence. We find the sentence excessive to the extent indicated. Concur—Mazzarelli, J.P., DeGrasse, Manzanet-Daniels, Feinman and Gische, JJ.