| People v Soto |
| 2018 NY Slip Op 01285 [158 AD3d 588] |
| February 27, 2018 |
| 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 David Soto, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Alexandra L. Mitter of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered November 21, 2016, resentencing defendant, upon remand from this Court (138 AD3d 533 [1st Dept 2016], lv denied 28 NY3d 937 [2016]), to an aggregate term of seven years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences on the assault and weapon convictions to six years and three to six years, respectively, and otherwise affirmed.
We find the sentence excessive to the extent indicated. Concur—Andrias, J.P., Gesmer, Kern, Singh, Moulton, JJ.