People v. McPherson

Full title: The People of the State of New York, Respondent, v. E.J. McPherson, etc.…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 7, 2016

135 A.D.3d 446 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 43

21 N.Y.S.3d 889

Opinion

16570 1123 11214

01-07-2016

The People of the State of New York, Respondent, v. E.J. McPherson, etc., Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Acosta, J.P., Andrias, Manzanet-Daniels, Kapnick, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Larry Stephens, J.), rendered April 23, 2014, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him to a term of five years' probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of three years' probation, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 7, 2016

CLERK