People v Santana, 2024 NY Slip Op 05144 [231 AD3d 583]

October 17, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Carlos Santana, Appellant.

Twyla Carter, The Legal Aid Society, New York (Mary-Kathryn Smith of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Hunter Baehren of counsel), for respondent.

Judgment, Supreme Court, New York County (Steven Statsinger, J.), rendered January 26, 2021, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to five years’ probation, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of four years’ probation, and otherwise affirmed.

We find the sentence excessive to the extent indicated. Concur—Renwick, P.J., Moulton, Friedman, Higgitt, Rosado, JJ..