PEOPLE v. MEDINA LUCERO (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered June 21, 2023, convicting him of assault in the second degree, upon his plea of guilty, and sentencing him to a determinate term of imprisonment of two years, to be followed by a period of postrelease supervision of three years.

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of two years, to be followed by a period of postrelease supervision of three years, to a split sentence of six months of imprisonment and three years of probation;  as so modified, the judgment is affirmed.

“In considering whether a sentence is unduly harsh or severe under the circumstances, we exercise our discretion giving consideration to, ‘among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction, i.e., societal protection, rehabilitation, and deterrence’ ” (People v. Kordish, 140 A.D.3d 981, 982–983, 33 N.Y.S.3d 434, quoting People v. Farrar, 52 N.Y.2d 302, 305, 437 N.Y.S.2d 961, 419 N.E.2d 864;  see People v. Diaz, 146 A.D.3d 803, 805–806, 46 N.Y.S.3d 627).  Based upon our review of the relevant circumstances presented in this case, we exercise our discretion in the interest of justice and reduce the sentence to the extent indicated.

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.