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People v. Otero

144 A.D.3d 539 Court N.Y. App. Div. Decision date 2016-11-17 English

Judges Concur—Acosta, J.P., Renwick, Moskowitz, Feinman and Kahn, JJ.

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p. 539
The People of the State of New York, Respondent, v Bryan Otero, Appellant.
[40 NYS3d 775]

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered August 1, 2013, as amended October 3, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree; and judgment, same court and Justice, rendered August 1, 2013, as amended October 28, 2013, convicting defendant, upon a plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to an aggregate term of six years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the sale conviction to a term of four years, with two years’ postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

Concur—Acosta, J.P., Renwick, Moskowitz, Feinman and Kahn, JJ.