People v Irizarry
2021 NY Slip Op 06058 [199 AD3d 426]
November 4, 2021
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 29, 2021


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

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

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

Judgment, Supreme Court, New York County (Patricia M. Nuñez, J., at plea; Guy H. Mitchell, J., at sentencing), rendered August 8, 2019, convicting defendant of grand larceny in the fourth degree, and sentencing him to a term of 2 to 4 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 11/2 to 3 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.