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PEOPLE v. SEGUNDO

2017-13131, Ind. No. 1103/12.

176 A.D.3d 1112 (2019)

108 N.Y.S.3d 876

2019 NY Slip Op 07618

The People of the State of New York, Respondent, v. Toalungo Segundo, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 23, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Ronald Zapata of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel; Robert Ho on the memorandum), for respondent.

Balkin, J.P., Chambers, Cohen, Barros and Connolly, JJ., concur.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a definite term of imprisonment of 364 days.

Under the unique circumstances of this case, we conclude that the defendant's sentence should be reduced to the extent indicated (see People v Cortez, 160 A.D.3d 893

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