| People v Burgess |
| 2022 NY Slip Op 05809 [209 AD3d 545] |
| October 18, 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 Anthony Burgess, Appellant. |
Twyla Carter, The Legal Aid Society, New York (Iván B. Pantoja of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Molly Morgan of counsel), for respondent.
Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered September 13, 2018, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree and criminally using drug paraphernalia in the second degree, and sentencing him to an aggregate term of time served and five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the period of probation to four years, and otherwise affirmed.
We find the sentence excessive to the extent indicated. Concur—Acosta, P.J., Renwick, Webber, Singh, Moulton, JJ.