PEOPLE v. ELLERBEE

2019-04940. Ind. No. 5783/18.

203 A.D.3d 1068 (2022)

165 N.Y.S.3d 592

2022 NY Slip Op 02016

The People of the State of New York, Respondent, v. Alvin Ellerbee, Appellant.

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

Decided March 23, 2022.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Anders Nelson of counsel; Laurenne Ferber-Kaufman , Todd Fitch , and Eddie Pruette on the brief), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel), for respondent.

Barros, J.P., Chambers, Maltese and Wooten, JJ., concur.


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by vacating the conviction of aggravated unlicensed operation of a motor vehicle in the third degree and the sentence imposed on that count, and (2) by reducing the sentence imposed on the conviction of criminal possession of a controlled substance in the fourth degree from a term of imprisonment of 5 years to be followed by a period of postrelease supervision of...

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