People v Locust, 2016 NY Slip Op 08943 [145 AD3d 632]

December 29, 2016

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Douglas Locust, Appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry S. Jamieson of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Beirer of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered February 19, 2014, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree and burglary in the third degree, and sentencing him to an aggregate term of 6 1/2 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the attempted burglary conviction to a term of four years, with five years’ postrelease supervision, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Acosta, J.P., Renwick, Andrias, Saxe and Gische, JJ..