| People v Lashley |
| 2022 NY Slip Op 01105 [202 AD3d 577] |
| February 17, 2022 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Sharon Lashley, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jacqueline A. Meese-Martinez of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at plea, Mark Dwyer,
J., at sentencing), rendered April 10, 2018, as amended June 12, 2018, convicting defendant of
criminal possession of a forged instrument in the second degree, and sentencing her, as a second
felony offender, to a term of 3
This matter is before us upon remittitur from the Court of Appeals for determination of facts and issues raised but not determined in our previous decision modifying the judgment of conviction to the extent of vacating the second felony offender adjudication and sentence and remanding for resentencing, which decision the Court of Appeals has reversed (178 AD3d 506 [1st Dept 2019], revd 37 NY3d 1140 [2021]). The sole issue raised by defendant on her appeal remaining to be determined at this juncture is whether the sentence originally imposed was excessive.
The People have consented to reduction of the sentence to the minimum term of 2 to 4 years imprisonment. Accordingly, the sentence should be so reduced, in the interest of justice. Concur—Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.