PEOPLE v. ROMAN (2026)

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

The PEOPLE of the State of New York, Respondent, v. Andy ROMAN, Defendant–Appellant.

7074

Decided: September 29, 2026

Scarpulla, J.P., Gesmer, Shulman, O'Neill Levy, Chan, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Michelle Pomerantz of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Audrey Stone, J., at plea; Kim M. Parker, J., at sentencing), rendered December 11, 2024, convicting defendant, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent jail terms of 364 days, unanimously affirmed.

Following his plea of guilty, defendant was placed on interim probation for one year. The plea court advised defendant that if he complied with the terms of the interim probation, he would be permitted to withdraw his plea to second-degree weapon possession and receive a sentence of time served. The sentencing court agreed with the People that defendant had failed to comply with the terms of his interim probation, and the court upheld the convictions and sentenced him to 364 days in jail.

This case does not present “extraordinary circumstances” warranting vacatur of defendant's conviction as a matter of discretion in the interest of justice (see People v Williams, 145 AD3d 100, 108 [1st Dept 2016]; People v Marshall, 106 AD3d 1, 11 [1st Dept 2013], lv denied 21 NY3d 1006 [2013] ).

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