People v Shuemake
2020 NY Slip Op 06963 [188 AD3d 610]
November 24, 2020
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 30, 2020


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

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Christopher Michael Pederson of counsel), for respondent.

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered January 24, 2019, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to an aggregate prison term of two years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison component of the sentence to concurrent terms of one year, and amending the sentence and commitment sheet in accordance with this decision, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

The parties agree that the Drug Type section of the sentence and commitment sheet should be amended to reflect that the correct drug is cocaine. Concur—Renwick, J.P., Kapnick, Gesmer, Kern, JJ.