People v Pitts

People v Pitts 2011 NY Slip Op 01526 Decided on March 1, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 1, 2011
Gonzalez, P.J., Tom, Andrias, Renwick, Abdus-Salaam, JJ.
4387 116/03

[*1]The People of the State of New York, Respondent,

v

Stephan Pitts, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J.
Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (John Cataldo, J. at plea; Michael R. Ambrecht, J. at sentence), rendered October 14, 2008, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed. The record does not establish a valid waiver of the right to appeal.

We find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 1, 2011

CLERK