People v Palaguachi
2019 NY Slip Op 09095 [178 AD3d 555]
December 19, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2020


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

Robert S. Dean, Center for Appellate Litigation, New York (Allison N. Kahl of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.

Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered July 17, 2017, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him to a term of seven years, with five years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison component of the sentence to six years, and otherwise affirmed.

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