Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Bryan Otero, Appellant
144 A.D.3d 53940 N.Y.S.3d 775·New York Supreme Court, Appellate Division·2016·NY
Concur—Acosta, J.P., Renwick, Moskowitz, Feinman and Kahn, JJ.
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Opinion
The People of the State of New York, Respondent, v Bryan Otero, Appellant.
[40 NYS3d 775]
[MAJORITY]
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered August 1, 2013, as amended October 3, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree; and judgment, same court and Justice, rendered August 1, 2013, as amended October 28, 2013, convicting defendant, upon a plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to an aggregate term of six years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the sale conviction to a term of four years, with two years’ postrelease supervision, and otherwise affirmed.
We find the sentence excessive to the extent indicated.
Concur—Acosta, J.P., Renwick, Moskowitz, Feinman and Kahn, JJ.