People v Elwood

People v Elwood 2008 NY Slip Op 01020 [48 AD3d 231] February 5, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 16, 2008

The People of the State of New York, Respondent,
v
Anthony Elwood, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J., at plea; Daniel P. FitzGerald, J., at sentence), rendered February 23, 2006, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of 6½ years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to a term of 5½ years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Tom, J.P., Saxe, Gonzalez, Buckley and Catterson, JJ.