People v. Weston

Lynn W.L. Fahey, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Dona B. Morris of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Brennan, J.), imposed on January 28, 2010, consisting of a determinate term of imprisonment of 2 years plus a period of 1 1/2 years of postrelease supervision.

ORDERED that the amended sentence is modified, as a matter of discretion in the interest of justice, by reducing the amended sentence from a determinate term of imprisonment of 2 years to a definite term of imprisonment of 364 days, and vacating the period of postrelease supervision.

The amended sentence is excessive to the extent indicated ( see generally Penal Law § 70.00[4]; People v. Suitte, 90 A.D.2d 80, 86, 455 N.Y.S.2d 675).

MASTRO, A.P.J., SKELOS, LEVENTHAL, AUSTIN and COHEN, JJ., concur.