Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Alexander Tineo, Appellant
135 A.D.3d 56822 N.Y.S.3d 852·New York Supreme Court, Appellate Division·2016·NY
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Opinion
The People of the State of New York, Respondent, v Alexander Tineo, Appellant.
[22 NYS3d 852]
[MAJORITY]
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered October 4, 2013, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to two years, and otherwise affirmed.
We do not find that defendant made a valid waiver of his right to appeal, and we find the sentence excessive to the extent indicated. Concur — Mazzarelli, J.P., Acosta, Andrias and Moskowitz, JJ.