People v Ortiz
2025 NY Slip Op 01179 [235 AD3d 600]
February 27, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 2, 2025


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

Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Conor E. Byrnes of counsel), for respondent.

Judgment, Supreme Court, New York County (Ann D. Thompson, J.), rendered September 5, 2023, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him to a term of 21/2 to 5 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison component of the sentence to a term of 2 to 4 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Moulton, J.P., Gesmer, Mendez, Higgitt, O'Neill Levy, JJ.