People v Ovalles

People v Ovalles 2010 NY Slip Op 07479 [77 AD3d 511] October 21, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
Mercedes Ovalles, Appellant.

—[*1] Getz & Braverman, Bronx (Michael I. Braverman of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Marc A. Sherman of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered October 11, 2007, convicting defendant, after a nonjury trial, of attempted assault in the third degree and sentencing her to a term of 30 days of intermittent imprisonment, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a conditional discharge, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Gonzalez, P.J., Andrias, Nardelli, McGuire and Abdus-Salaam, JJ.