Opinion
Appeal No. 10551 Ind No. 2998/16Case No. 2019-03583
02-17-2022
The People of the State of New York, Respondent, v. Sharon Lashley, Defendant-Appellant. Appeal No. 10551 Case No. 2019-03583
Robert S. Dean, Center for Appellate Litigation, New York (Jacqueline A. Meese-Martinez of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jacqueline A. Meese-Martinez of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Before: Renwick, J.P., Gische, Mazzarelli, Moulton, JJ.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J. at plea, Mark Dwyer, J. at sentencing), rendered April 10, 2018, as amended June 12, 2018, convicting defendant of criminal possession of a forged instrument in the second degree, and sentencing her, as a second felony offender, to a term of 3½ to 7 years, unanimously modified, in the interest of justice, to the extent of reducing the sentence to 2 to 4 years, and otherwise affirmed.
This matter is before us upon remittitur from the Court of Appeals for determination of facts and issues raised but not determined in our previous decision modifying the judgment of conviction to the extent of vacating the second felony offender adjudication and sentence and remanding for resentencing, which decision the Court of Appeals has reversed (178 A.D.3d 506 [1st Dept 2019], revd 37 N.Y.3d 1140 [2021]). The sole issue raised by defendant on her appeal remaining to be determined at this juncture is whether the sentence originally imposed was excessive.
The People have consented to reduction of the sentence to the minimum term of 2 to 4 years imprisonment. Accordingly, the sentence should be so reduced, in the interest of justice.