PEOPLE v. HERRING

2018-13103. Ind. No. 15-00590.

178 A.D.3d 1073 (2019)

2019 NY Slip Op 09287

The People of the State of New York, Respondent, v. Walter Herring, Appellant.

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

Decided December 24, 2019.


Attorney(s) appearing for the Case

Samuel S. Coe , New City, NY, for appellant.

David M. Hoovler , District Attorney, Middletown, NY ( William C. Ghee of counsel), for respondent.

Dillon, J.P., Cohen, Miller and Iannacci, JJ., concur.


Ordered that the amended judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed to a term of imprisonment of 2½ years followed by 2 years of postrelease supervision; as so modified, the amended judgment is affirmed.

The defendant pleaded guilty to criminal sale of a controlled substance in the third degree. As a condition of his plea, he waived his right to appeal. On December 13, 2016, the County Court sentenced...

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