People v Green
2022 NY Slip Op 07521 [211 AD3d 650]
December 29, 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
Santrice Green, Appellant.

Twyla Carter, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), and Stroock & Stroock & Lavan LLP, New York (Kerry Cooperman of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered July 30. 2018, convicting defendant, upon her plea of guilty, of conspiracy in the second degree, and sentencing her to a term of 31/2 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 1 to 3 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.