Opinion
12-23-2016
The PEOPLE of the State of New York, Respondent, v. Jesse MORMAN, Defendant–Appellant. (Appeal No. 2.).
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.)rendered June 27, 2013. The judgment convicted defendant, upon a jury verdict, of, inter alia, criminal possession of a controlled substance in the third degree (two counts), and criminally using drug paraphernalia in the second degree (two counts).
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Same memorandum as in People v. Morman (Appeal No. 1), –––A.D.3d ––––, ––– N.Y.S.3d ––––, 2016 WL 7416080 (Dec. 23, 2016).It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence on each count of criminal possession of a controlled substance in the third degree to a determinate term of five years of imprisonment and as modified the judgment is affirmed.
PERADOTTO, J.P., LINDLEY, NEMOYER, and SCUDDER, JJ., concur.