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People v. Dyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2009
60 A.D.3d 690 (N.Y. App. Div. 2009)

Opinion

No. 2006-10975.

March 3, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman, J.), rendered November 9, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and sentencing him to a determinate term of six years' imprisonment, followed by three years of postrelease supervision.

Guy Oksenhendler, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Judith Aarons of counsel), for respondent.

Before: Fisher, J.P., Dillon, Belen and Chambers, JJ.


Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment of six years to a determinate term of imprisonment of three years, and by reducing the period of postrelease supervision of three years to a period of postrelease supervision of 1 1/2 years.

Based upon our review of the circumstances presented in this case, including the defendant's youth, lack of criminal history, family background, and community involvement, as well as the People's recommendation to the sentencing court that the defendant receive a more lenient sentence, it is appropriate to exercise our discretion in the interest of justice to modify the sentence imposed by reducing the determinate term of imprisonment of six years to a determinate term of imprisonment of three years, and by reducing the period of postrelease supervision of three years to a period of postrelease supervision of 1 1/2 years ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Dyer

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 2009
60 A.D.3d 690 (N.Y. App. Div. 2009)
Case details for

People v. Dyer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP DYER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 3, 2009

Citations

60 A.D.3d 690 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1662
874 N.Y.S.2d 245