NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 9, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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.
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