Opinion
13294-13294A Ind. No. 2289/14 SCI No. 3189/14 Case No. 2018-2316
03-09-2021
Janet E. Sabel, The Legal Aid Society, New York ( Katheryne M. Martone of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York ( Katheryne M. Martone of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Diana J. Lewis of counsel), for respondent.
Gische, J.P., Singh, Moulton, Gonza´lez, JJ.
Judgments, Supreme Court, Bronx County (Alvin M. Yearwood, J. at pleas; Raymond Bruce, J. at sentencing), rendered October 5, 2017, convicting defendant, upon his plea of guilty, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of two years with two years’ postrelease supervision, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of vacating the conviction under Indictment No. 2289/14 and dismissing that indictment, and otherwise affirmed.
As the People concede, defendant's guilty plea to a count that had been dismissed, was jurisdictionally defective ( see CPL 220.10 ). The only remaining viable count of the indictment is a misdemeanor, which we dismiss in the interest of justice in light of the remaining felony conviction.
We perceive no basis for reducing the remaining sentence.