PEOPLE v. GARCIA (2026)

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

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

Ind. No. 73398 /22, 7370

Decided: October 27, 2026

Webber, J.P., Kapnick, Shulman, Pitt–Burke, Hagler, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Emilia King–Musza of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Elizabeth T. Schmidt of counsel), for respondent.

Judgment, Supreme Court, New York County (Ellen Biben, J.), rendered March 5, 2024, convicting defendant, upon his plea of guilty, of strangulation in the second degree and criminal obstruction of breathing or blood circulation, and sentencing him to a term of two years and a concurrent jail term of one year, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the conviction of criminal obstruction of breathing or blood circulation and dismissing that count, and otherwise affirmed.

As the People concede, defendant's conviction should be modified as indicated for the purpose of effectuating the plea bargain agreed upon by the parties and the court (see People v. Naji, 271 A.D.2d 443, 443 [1st Dept 2000] ). Given this relief, we need not consider defendant's ineffective assistance claim.

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