People v Briggs
2022 NY Slip Op 06890 [211 AD3d 442]
December 6, 2022
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 8, 2023


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

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

Alvin L. Bragg, Jr., District Attorney, New York (Julia Gorski of counsel), for respondent.

Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered July 10, 2020, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him to a term of four years, with three years' postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the postrelease supervision component of the sentence 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—Renwick, J.P., Manzanet-Daniels, Gesmer, Kennedy, Shulman, JJ.