NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 14, 2009
THE PEOPLE OF THE STATE OF NEW YORK, SCI RESPONDENT,
JOSE TAVAREZ, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Laura A. Ward, J. at plea; Patricia M. Nunez, J. at sentence), rendered May 1, 2008, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 3 to 6 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.
Mazzarelli, J.P., Saxe, Nardelli, Renwick, Freedman, 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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