Opinion
No. 4774.
December 9, 2008.
Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered April 10, 2007, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of 4½ years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to four years, and otherwise affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Lily Goetz of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Charlotte E. Fishman of counsel), for respondent.
Before: Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.
Under the unusual circumstances presented herein, we find the sentence excessive to the extent indicated.