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People v. Nesbitt

145 A.D.3d 478 Court N.Y. App. Div. Decision date 2016-12-06 English

Judges Concur—Richter, J.P., Manzanet-Daniels, Feinman, Kapnick and Gesmer, JJ.

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Majority

p. 478
The People of the State of New York, Respondent, v Akieme Nesbitt, Appellant.
[41 NYS3d 710]

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered January 8, 2015, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 20 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 16 years, with five years’ postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

Concur—Richter, J.P., Manzanet-Daniels, Feinman, Kapnick and Gesmer, JJ.