People v Terrell
2017 NY Slip Op 04910 [151 AD3d 578]
June 15, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


[*1]
 The People of the State of New York, Respondent,
v
Sean Terrell, Appellant.

Rosemary Herbert, Office of the Appellate Defender, New York (Sharmeen Mazumder of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered July 3, 2014, convicting defendant, upon his plea of guilty, of attempted murder in the second degree and conspiracy in the second degree, and sentencing him to concurrent terms of 16 years and 5 to 15 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the attempted murder conviction to 10 years, and otherwise affirmed.

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—Tom, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.