PEOPLE v. ALEXANDER (2004)

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

The PEOPLE of the State of New York, Respondent, v. Clyde ALEXANDER, Defendant-Appellant.

Decided: September 23, 2004

NARDELLI, J.P., MAZZARELLI, SAXE, ELLERIN, LERNER, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Risa Gerson of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Brian J. Pollock of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered April 30, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 years, and otherwise affirmed.

We find the sentence to be excessive to the extent indicated.

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