People v Anonymous
2020 NY Slip Op 06006 [187 AD3d 593]
October 22, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 2, 2020


[*1] (October 22, 2020)
 The People of the State of New York, Respondent,
v
Anonymous, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 21, 2017, convicting defendant, upon his plea of guilty, of assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 8 years with 5 years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to concurrent terms of 5 years with 21/2 years' postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. Concur—Renwick, J.P., Manzanet-Daniels, Gesmer, Oing, JJ.