People v Johnson, 2011 NY Slip Op 03653 [84 AD3d 412]

May 3, 2011

Appellate Division, First Department

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

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered August 19, 2009, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 15 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to 10 years, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Gonzalez, P.J., Sweeny, Acosta, Freedman and Abdus-Salaam, JJ. The decision and order of this Court entered herein on January 27, 2011 (80 AD3d 536 [2011]) is hereby recalled and vacated ( see 2011 NY Slip Op 71518[U] [2011] [decided simultaneously herewith])..