People v Paniagua
2021 NY Slip Op 05096 [197 AD3d 1050]
September 28, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 3, 2021


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

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

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

Judgment, Supreme Court, New York County (Barry Warhit, J.), rendered June 11, 2019, convicting defendant, upon his plea of guilty, of attempted arson in the second degree, and sentencing him to a term of 31/2 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the postrelease supervision component of the sentence from five years to 21/2 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.