PEOPLE v. E. R., Defendant–Appellant. (2025)

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

The PEOPLE of the State of New York, Respondent, v. E. R., Defendant–Appellant.

5104

Decided: October 28, 2025

Webber, J.P., Kennedy, Pitt–Burke, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), for appellant.

Judgment of resentence, Supreme Court, Bronx County (Raymond L. Bruce, J., at plea and sentencing), rendered on or about December 10, 2024, convicting defendant, upon his plea of guilty, of violation of probation, revoking a prior sentence of probation and resentencing him to a term of 1 to 3 years of imprisonment, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence of imprisonment to a term of one year, and otherwise affirmed.

We find the sentence excessive to the extent indicated. The record does not establish a valid appeal waiver.

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