Majority
p. 395(September 25, 2003) The People of the State of New York, Respondent, v John Corniel, Appellant. [764 NYS2d 626]
—Judgment, Supreme
p. 396
Court, New York County (Dorothy Cropper, J.), rendered May 19, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to seven years, and otherwise affirmed.
The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 , 495 [1987]).
The trial court’s decision to preclude a defense witness was not an improvident exercise of discretion (see People v Aska, 91 NY2d 979 [1998]).
We reject defendant’s conflict of interest claim, and agree with the reasoning of the court in Skinner v Duncan ( 2003 WL 21386032 , *40-49, 2003 US Dist LEXIS 10102 , *144-181 [SD NY, June 17, 2003]), which rejected a similar claim involving the same defense attorney.
We find the sentence excessive to the extent indicated. Concur — Buckley, P.J., Tom, Ellerin, Marlow and Gonzalez, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 396
- People v. Aska 91 NY2d 979 p. 396