THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JESSE MORMAN, DEFENDANT–APPELLANT. (APPEAL NO. 2.)

KA 14–01018

Decided: December 23, 2016

PRESENT:  PERADOTTO, J.P., LINDLEY, NEMOYER, AND SCUDDER, JJ. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT–APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice by reducing the sentence on each count of criminal possession of a controlled substance in the third degree to a determinate term of five years of imprisonment and as modified the judgment is affirmed.

Same memorandum as in People v. Morman ( [appeal No. 1] _ AD3d _ [Dec. 23, 2016] ).

Frances E. Cafarell

Clerk of the Court