| People v Weston |
| 2012 NY Slip Op 06226 [98 AD3d 1066] |
| September 19, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Kedar Weston, Appellant. |
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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 two years plus a period of 1½ 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 two 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 AD2d 80, 86 [1982]). Mastro, A.P.J., Skelos, Leventhal, Austin and Cohen, JJ., concur.