Opinion
02-15-2017
The PEOPLE, etc., respondent, v. Jovante SLATER, appellant.
Thomas T. Keating, Dobbs Ferry, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas T. Keating, Dobbs Ferry, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed September 17, 2014, consisting of a determinate term of imprisonment of 8 ½ years plus a period of 2 years of postrelease supervision, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty, on the ground that the sentence was illegal or, in the alternative, excessive.
ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the sentence from a determinate term of imprisonment of 8 ½ years to a determinate term of imprisonment of 6 years.
Contrary to the defendant's contention, his sentence was not imposed on the basis of materially untrue assumptions or misinformation (see People v. Naranjo, 89 N.Y.2d 1047, 1049, 659 N.Y.S.2d 826, 681 N.E.2d 1272 ).
The sentence was excessive to the extent indicated (see People v. Suitte, 90 A.D.2d 80, 86, 455 N.Y.S.2d 675 ).
RIVERA, J.P., DILLON, CHAMBERS and HINDS–RADIX, JJ., concur.