The People of the State of New York, Respondent, v. Gregorio Burgos, Defendant–Appellant. Ind. No. (2021)

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

The People of the State of New York, Respondent, v. Gregorio Burgos, Defendant–Appellant. Ind. No.

1383 1

Decided: May 13, 2021

Renwick, J.P., Manzanet–Daniels, Kennedy, Shulman, JJ.

Case No.2019–04588

Robert S. Dean, Center for Appellate Litigation, New York (Danielle Krumholz of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Molly Morgan of counsel), for respondent.

Judgment, Supreme Court, New York County (Steven Statsinger, J.), rendered September 8, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison component of the sentence to a term of two years, and otherwise affirmed.

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

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