Opinion
October 22, 2009.
Judgments, Supreme Court, New York County (Laura A. Ward and Michael R. Ambrecht, JJ., at pleas; Michael R. Ambrecht, J., at sentence), rendered June 30, 2006, convicting defendant of attempted criminal possession of a controlled substance in the third degree and bail jumping in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 4 to 8 years and 1 ½ to 3 years, respectively, unanimously modified, as a matter of discretion in the interest of justice and to the extent of directing that the sentences be served concurrently, and otherwise affirmed.
Before: Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.
We find there are "mitigating circumstances" (Penal Law § 70.25 [2-c]) warranting a concurrent sentence for bail jumping, and that the imposition of a consecutive sentence was excessive.
We have considered and rejected defendant's argument that his bail jumping conviction should be vacated.