Opinion
3755/11 3868 245/14 3867
05-02-2017
The People of the State of New York, Respondent, v. Odaine Johnson, Defendant-Appellant.
Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), for respondent.
Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Dmitriy Povazhuk of counsel), for respondent.
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.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 2, 2017
CLERK