| People v Joseph |
| 2020 NY Slip Op 06061 [187 AD3d 644] |
| October 27, 2020 |
| 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 Gary Joseph, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Ryan J. Foley of counsel), for respondent.
Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered September 12,
2018, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and
sentencing him to a term of 5 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 a term
of 3
We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. Concur—Kapnick, J.P., Webber, González, Shulman, JJ.