Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Andre Peak, Also Known as Andre Pak, Appellant

56 A.D.2d 370867 N.Y.S.2d 331·New York Supreme Court, Appellate Division·2008·NY

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Opinion

The People of the State of New York, Respondent, v Andre Peak, Also Known as Andre Pak, Appellant. [867 NYS2d 331] [MAJORITY] — Judgment, Supreme Court, New York County (Laura Ward, J., at plea; Patricia Nunez, J., at sentence), rendered March 1, 2007, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent terms of 4V2 to 9 years and 3V2 to 7 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence for the attempted third-degree possession conviction to SVs to 7 years, and otherwise affirmed. We find the sentence excessive to the extent indicated. Concur — Lippman, PJ., Gonzalez, Moskowitz, Acosta and Renwick, JJ.