People v Nesbitt, 2016 NY Slip Op 08188 [145 AD3d 478]

December 6, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Akieme Nesbitt, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered January 8, 2015, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 20 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 16 years, with five years’ postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Richter, J.P., Manzanet-Daniels, Feinman, Kapnick and Gesmer, JJ..