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People v. Brabham

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, SCI RESPONDENT,
v.
JESSE BRABHAM, DEFENDANT-APPELLANT.

Judgments, Supreme Court, New York County (Laura A. Ward and Michael R. Ambrecht, JJ. at pleas; Michael R. Ambrecht, J. at sentence), rendered June 30, 2006, convicting defendant of attempted criminal possession of a controlled substance in the third degree and bail jumping in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 4 to 8 years and 11/2 to 3 years, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of directing that the sentences be served concurrently, 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.

Gonzalez, P.J., Mazzarelli, Sweeny, Renwick, Richter, JJ.

4264/01, 6443N/06

We find there are "mitigating circumstances" (Penal Law § 70.25[2-c]) warranting a concurrent sentence for bail jumping, and that the imposition of a consecutive sentence was excessive.

We have considered and rejected defendant's argument that his bail jumping conviction should be vacated.

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

20091022

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