People v Weston

2012 NY Slip Op 06226 [98 AD3d 1066]

September 19, 2012

Appellate Division, Second Department

As corrected through Wednesday, October 24, 2012

The People of the State of New York, Respondent, v KedarWeston, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Dona B. Morris of counsel), forrespondent.

Appeal by the defendant, as limited by his motion, from an amended sentence of theSupreme Court, Kings County (Brennan, J.), imposed on January 28, 2010, consisting of adeterminate term of imprisonment of two years plus a period of 1½ years of postreleasesupervision.

Ordered that the amended sentence is modified, as a matter of discretion in the interest ofjustice, by reducing the amended sentence from a determinate term of imprisonment of two yearsto a definite term of imprisonment of 364 days, and vacating the period of postreleasesupervision.

The amended sentence is excessive to the extent indicated (see generally Penal Law§ 70.00 [4]; People v Suitte, 90 AD2d 80, 86 [1982]). Mastro, A.P.J., Skelos,Leventhal, Austin and Cohen, JJ., concur.