People v Jesus
2021 NY Slip Op 04280 [196 AD3d 429]
July 8, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 1, 2021


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

Janet E. Sabel, The Legal Aid Society, New York (Hannah B. Gladstein of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J. at plea; Maxwell Wiley, J. at sentencing), rendered December 7, 2016, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing her to five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to three years' probation, and otherwise affirmed. We find the sentence excessive to the extent indicated. Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.