PEOPLE v. GARCIA (2019)

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

The PEOPLE of the State of New York, Respondent, v. Brandon GARCIA, Defendant–Appellant.

10318

Decided: November 12, 2019

Acosta, P.J., Renwick, Manzanet–Daniels, Singh, JJ.

Christina Swarns, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan Cantarero of counsel), for respondent.

Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered May 2, 2017, convicting defendant, upon his plea of guilty, of attempted murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of six years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to concurrent terms of five years, and otherwise affirmed.

We find the sentence excessive to the extent indicated.

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