From Casetext: Smarter Legal Research

People v. Slater

Supreme Court, Appellate Division, Second Department, New York.
Feb 15, 2017
147 A.D.3d 981 (N.Y. App. Div. 2017)

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.


Summaries of

People v. Slater

Supreme Court, Appellate Division, Second Department, New York.
Feb 15, 2017
147 A.D.3d 981 (N.Y. App. Div. 2017)
Case details for

People v. Slater

Case Details

Full title:The PEOPLE, etc., respondent, v. Jovante SLATER, appellant.

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

Date published: Feb 15, 2017

Citations

147 A.D.3d 981 (N.Y. App. Div. 2017)
2017 N.Y. Slip Op. 1236
46 N.Y.S.3d 807

Citing Cases

People v. Kelly

ORDERED that the sentence is affirmed. Contrary to the defendant's contention, the sentence was not imposed…

People v. Kelly

Contrary to the defendant's contention, the sentence was not imposed on the basis of materially untrue…