People v DeJesus

People v DeJesus 2008 NY Slip Op 09653 [57 AD3d 268] December 9, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
Benjamin DeJesus, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered April 10, 2007, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of 4½ years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to four years, and otherwise affirmed.

Under the unusual circumstances presented herein, we find the sentence excessive to the extent indicated. Concur—Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.