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People v. Ballard

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 11, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOANNE BALLARD, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered September 19, 2007, convicting defendant, upon her plea of guilty, of assault in the second degree, and sentencing her a term of 31/2 years, unanimously reversed, on the law, to the extent appealed from, the sentence vacated and the matter remanded for resentencing.

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.

Saxe, J.P., Friedman, Nardelli, Freedman, Abdus-Salaam, JJ.

4394/05

As the People concede, defendant should be resentenced because the court expressed reservations about the fairness of the negotiated sentence but stated, erroneously, that it lacked any discretion to impose a more lenient sentence (see People v Farrar, 52 NY2d 302 [1981]). We decline defendant's alternative request for a reduced sentence.

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

20100511

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