NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
November 25, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ANDRE PEAK, ALSO KNOWN AS, ANDRE PAK, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Laura Ward, J. at plea; Patricia Nunez, J. at sentence), rendered March 1, 2007, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 41/2 to 9 years and 31/2 to 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the attempted third-degree possession conviction to 31/2 to 7 years, and otherwise affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Lippman, P.J., Gonzalez, Moskowitz, Acosta, Renwick, JJ.
We find the sentence excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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