People v Harvey, 2011 NY Slip Op 00097 [80 AD3d 464]

January 11, 2011

Appellate Division, First Department

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Richard M. Greenberg, Office of the Appellate Defender, New York (Elliott Farren of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered January 23, 2009, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously modified, as an exercise of discretion in the interest of justice, to the extent of vacating the persistent felony offender adjudication and reducing the sentence to 3½ to 7 years, and otherwise affirmed.

The court improvidently exercised its discretion in adjudicating defendant a persistent felony offender.

We have considered and rejected defendant’s remaining claims. Concur—Andrias, J.P., Friedman, Catterson, Renwick and DeGrasse, JJ..