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People v. Tineo

135 A.D.3d 568 Court N.Y. App. Div. Decision date 2016-01-19 English

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p. 568
The People of the State of New York, Respondent, v Alexander Tineo, Appellant.
[22 NYS3d 852]

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to two years, and otherwise affirmed.

We do not find that defendant made a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated. Concur — Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.