PEOPLE v. WILLIAMS (1997)

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

The PEOPLE of the State of New York, Respondent, v. Diana WILLIAMS, a/k/a Jeanette Wass, Defendant-Appellant.

Decided: May 22, 1997

Before MURPHY, P.J., and SULLIVAN, ROSENBERGER, RUBIN and ANDRIAS, JJ.

Carol A. Remer-Smith, for respondent. Theodore S. Green, for defendant-appellant.

Judgment of resentence, Supreme Court, New York County (James Leff, J.), rendered June 16, 1995, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and resentencing her, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the persistent felony offender adjudication and sentence, and instead sentencing defendant, as a second felony offender, to a term of 2 to 4 years, and otherwise affirmed.

We find sentencing defendant as a persistent felony offender to be an improvident exercise of discretion. We note, in particular, defendant's substantial efforts at rehabilitation since her original sentencing. Defendant's remaining contentions are rendered academic by this disposition.

MEMORANDUM DECISION.

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