Opinion
10003 Ind. 636/15
10-03-2019
The PEOPLE of the State of New York, Respondent, v. Marvin CLARK, Defendant–Appellant.
Christina Swarns, Office of the Appellate Defender, New York (Gabe Newland of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Victoria Muth of counsel), for respondent.
Christina Swarns, Office of the Appellate Defender, New York (Gabe Newland of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Victoria Muth of counsel), for respondent.
Acosta, P.J., Renwick, Manzanet–Daniels, Singh, JJ.
Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered February 16, 2016) convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the third degree, and sentencing him to an aggregate term of 4½ years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the weapon conviction to 3½ years, and otherwise affirmed. We do not find that defendant made a valid waiver of his right to appeal. We find the sentence excessive to the extent indicated.