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People v. Johnson

150 A.D.3d 405 Court N.Y. App. Div. Decision date 2017-05-02 English

Judges Concur—Acosta, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.

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Majority

p. 405
The People of the State of New York, Respondent, v Odaine Johnson, Appellant.
[51 NYS3d 391]

Judgments, Supreme Court, Bronx County (John Moore, J.), rendered May 7, 2015, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree and burglary in the third degree, and sentencing him to an aggregate term of seven years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison component of the sentence for the weapon conviction to five years, and otherwise affirmed.

We find that defendant did not make a valid waiver of the right to appeal, and we find the sentence excessive to the extent indicated.

Concur—Acosta, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.