People v Graham
2020 NY Slip Op 06020 [187 AD3d 606]
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]
 The People of the State of New York, Respondent,
v
Andre Graham, Appellant.

Stephen Chu, Interim Attorney-in-Charge, Office of the Appellate Defender, New York (Mandy E. Jaramillo of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Patricia Nuñez, J.), rendered September 28, 2017, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and sentencing him to concurrent terms of 51/2 years with 2 years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 41/2 years with 1 year postrelease supervision, and otherwise affirmed. Judgment, same court (Felicia Mennin, J.), rendered January 2, 2018, convicting defendant, upon his plea of guilty, of three counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 31/2 years with 2 years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the period of postrelease supervision to 1 year, and otherwise affirmed.

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