NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 25, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WILSON TORO, DEFENDANT-APPELLANT.
Judgment, Supreme Court, Bronx County (Ethan Greenberg, J. at plea; Denis J. Boyle, J. at sentence), rendered May 16, 2008, convicting defendant of attempted criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 31/2 to 7 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., Andrias, Nardelli, DeGrasse, Abdus-Salaam, 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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