People v Whitaker, 2020 NY Slip Op 05953 [187 AD3d 1071]
October 21, 2020
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Devin T. Whitaker, Appellant.
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered May 22, 2018, convicting him of criminal possession of a weapon in the second degree and criminal sale of a controlled substance in the third degree, upon his plea of guilty, and sentencing him to a determinate term of imprisonment of 12 years plus a period of postrelease supervision of 5 years on the conviction of criminal possession of a weapon in the second degree and a determinate term of imprisonment of 3 years plus a period of postrelease supervision of 3 years on the conviction of criminal sale of a controlled substance in the third degree, the sentences to run concurrently.
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment imposed on the conviction of criminal possession of a weapon in the second degree from 12 years to 9 years; as so modified, the judgment is affirmed.
The sentence imposed was excessive to the extent indicated herein ( see CPL 470.15 [6] [b]; People v Suitte , 90 AD2d 80 [1982]).
The defendant’s remaining contention is unpreserved for appellate review ( see CPL 470.05 [2]), and we decline to reach it in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [6] [a]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur..