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People v. DeJesus

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 9, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
BENJAMIN DEJESUS, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Robert Stolz, J.), rendered April 10, 2007, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of 41/2 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 4 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.

Tom, J.P., Gonzalez, Nardelli, Moskowitz, Renwick, JJ.

5002/06

Under the unusual circumstances presented herein, we find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081209

© 1992-2008 VersusLaw Inc.



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