| People v Colon |
| 2018 NY Slip Op 02890 [160 AD3d 586] |
| April 26, 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 Jose Colon, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J. at plea; Patricia M.
Nuñez, J. at sentencing), rendered February 25, 2016, convicting defendant, upon his plea
of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a
second felony drug offender, to a term of four 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 1
We do not find that defendant made a valid waiver of his right to appeal. We find the sentence excessive to the extent indicated. Concur—Renwick, J.P., Manzanet-Daniels, Andrias, Oing, JJ.