People v DeFort

People v DeFort 2007 NY Slip Op 09927 [46 AD3d 360] December 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Melissa DeFort, Also Known as Melissa DeForte, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York City (Jessica A. Yager of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Alice Wiseman of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered June 14, 2006, convicting defendant, upon her plea of guilty, of attempted criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing her to concurrent terms of 3 to 9 years and 21/3 to 7 years, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences to concurrent terms of 2 to 6 years, and otherwise affirmed.

We find the sentences excessive to the extent indicated. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.