People v Padilla
2019 NY Slip Op 08139 [177 AD3d 433]
November 12, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


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

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Kevin McGrath, J.), rendered March 1, 2018, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of 41/2 years with three years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 31/2 years with 11/2 years' postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Singh, JJ.