| People v Scott |
| 2017 NY Slip Op 09174 [156 AD3d 913] |
| December 27, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Melissa Scott, Appellant. |
Seymour W. James, Jr., New York, NY (Richard Joselson of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Jonathan A. Popolow of counsel),for respondent (no brief filed).
Appeal by the defendant, as limited by her motion, from an amended sentence of theSupreme Court, Kings County (Brennan, J.), imposed April 7, 2014, revoking a sentence ofprobation previously imposed by the same court (Walsh, J.), upon a finding that she violatedconditions thereof, upon her admission, and imposing a definite term of one year ofimprisonment upon her previous conviction of assault in the second degree, on the ground thatthe amended sentence was excessive.
Ordered that the amended sentence is modified, as a matter of discretion in the interest ofjustice, by reducing the term of imprisonment from one year to 364 days.
Although the defendant has served her amended sentence, the question of whether theamended sentence imposed should be reduced is not academic, because the one-year term mayhave potential immigration consequences (see People v Ayala, 142 AD3d 1095 [2016]; People v Aisewomhonio, 131 AD3d1177 [2015]). Considering all of the relevant circumstances of this case, including thepotential immigration consequences to the defendant, we conclude that her amended sentenceshould be reduced by one day (seePeople v Williams, 137 AD3d 429 [2016]; People v Aisewomhonio, 131 AD3d 1177 [2015]; People v Weston, 98 AD3d 1066[2012]; People v Bakare, 280 AD2d 679 [2001]; People v Cuaran, 261 AD2d 169[1999]). Eng, P.J., Mastro, Roman, LaSalle and Christopher, JJ., concur.