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Appellate Division, First Department:October 22, 2020

Appellate Division, First Department:October 22, 2020

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Appeals

By Renwick, J.P., Manzanet-Daniels, Gesmer, Oing, JJ. 5046/15. THE PEOPLE OF THE STATE OF NEW YORK, res, v. ANONYMOUS, def-app — Robert S. Dean, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant — Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent — Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered April 21, 2017, convicting defendant, upon his plea of guilty, of assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 8 years with 5 years’ postrelease supervision, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to concurrent terms of 5 years with 2½ years’ postrelease supervision, and otherwise affirmed. We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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