LAW.coLAW.co

The People of the State of New York, Respondent, v. Leah Etheridge, Appellant

New York Supreme Court, Appellate Division2015-05-27
128 A.D.3d 10878 N.Y.S.3d 603

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Appeal by the defendant from an amended judgment of the Supreme Court, Queens County (Wong, J.), rendered September 23, 2013, revoking a sentence of probation previously imposed by the same court (Kohm, J.), upon a finding that she violated a condition thereof, upon her admission, and imposing an indeterminate sentence of 4 to 12 years of imprisonment upon her previous conviction of grand larceny in the second degree.

Ordered that the amended judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from an indeterminate term of imprisonment of 4 to 12 years to an indeterminate term of imprisonment of 2 to 6 years; as so modified, the amended judgment is affirmed.

The sentence imposed upon the revocation of probation was excessive to the extent indicated herein (see People v Delaney, 89 AD2d 872 [1982]; People v Williams, 76 AD2d 914 [1980]; People v Green, 75 AD2d 625 [1980]).

In light of our determination, we need not reach the defendant’s remaining contentions. Skelos, J.P., Dickerson, Miller and Hinds-Radix, JJ., concur.