People v Garcia
2021 NY Slip Op 05097 [197 AD3d 1051]
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
Larry Garcia, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered April 18, 2019, convicting defendant, upon his plea of guilty, of two counts of attempted assault in the second degree, and sentencing him to consecutive terms of two to four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of directing that the sentences be served concurrently, and otherwise affirmed.

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