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People v. Dyer

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


March 3, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
PHILLIP DYER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Holdman, J.), rendered November 9, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and sentencing him to a determinate term of 6 years imprisonment, followed by 3 years of postrelease supervision.

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.

STEVEN W. FISHER, J.P., MARK C. DILLON, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

(Ind. No. 8725/05)

DECISION & ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment of 6 years to a determinate term of imprisonment of 3 years, and by reducing the period of postrelease supervision of 3 years to a period of postrelease supervision of 11/2 years.

Based upon our review of the circumstances presented in this case, including the defendant's youth, lack of criminal history, family background, and community involvement, as well as the People's recommendation to the sentencing court that the defendant receive a more lenient sentence, it is appropriate to exercise our discretion in the interest of justice to modify the sentence imposed by reducing the determinate term of imprisonment of 6 years to a determinate term of imprisonment of 3 years, and by reducing the period of postrelease supervision of 3 years to a period of postrelease supervision of 11/2 years (see People v Suitte, 90 AD2d 80).

FISHER, J.P., DILLON, BELEN and CHAMBERS, JJ., concur.

20090303

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