Opinion
16684 2320/12
01-19-2016
The PEOPLE of the State of New York, Respondent, v. Alexander TINEO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Paul Hershan of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Paul Hershan of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to two years, and otherwise affirmed.
We do not find that defendant made a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated.
MAZZARELLI, J.P., ACOSTA, ANDRIAS, MOSKOWITZ, JJ., concur.