PEOPLE v. JONES (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Donte JONES, Defendant–Appellant.

934-, 934A

Decided: October 31, 2023

Kapnick, J.P., Gesmer, Scarpulla, Rodriguez, O'Neill Levy, JJ.

Mark W. Zeno, Center for Appellate Litigation, New York (Katia A. Barron of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.

Judgments, Supreme Court, Bronx County (Ethan Greenberg, J.), rendered October 3, 2019, convicting defendant, upon his plea of guilty, of manslaughter in the first degree and assault in the second degree, and sentencing him to concurrent terms of 15 years and 3 years with 5 years postrelease supervision on each count, unanimously modified, on the law, to the extent of reducing the term of postrelease supervision on the assault conviction to 3 years, and otherwise affirmed.

The period of postrelease supervision is reduced on the assault conviction because, as the People concede, the maximum period of supervision on the class D violent felony is three years (Penal Law § 70.45[2][e]). We otherwise perceive no basis for reducing the sentence.

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