| People v Jimenez |
| 2016 NY Slip Op 07100 [143 AD3d 655] |
| October 27, 2016 |
| 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 Brian Jimenez, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of counsel), for respondent.
Judgment, Supreme Court, Bronx County (George Villegas, J., at plea; Raymond
Bruce, J., at sentencing), rendered March 19, 2015, convicting defendant of criminal
possession of a controlled substance in the third degree, and sentencing him to a term of
three years, unanimously modified, as a matter of discretion in the interest of justice, to
the extent of reducing the sentence to a term of two years, with 1
We do not find that defendant made a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated. Concur—Friedman, J.P., Andrias, Moskowitz, Gische and Gesmer, JJ.