People v. Medina-Lucero

People v Medina-Lucero (2024 NY Slip Op 05809) People v Medina-Lucero 2024 NY Slip Op 05809 Decided on November 20, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on November 20, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department COLLEEN D. DUFFY, J.P. LINDA CHRISTOPHER LARA J. GENOVESI CARL J. LANDICINO, JJ. 2023-06282 (Ind. No. 14/23) [*1]The People of the State of New York, respondent, v Walter Medina-Lucero, appellant. James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered June 21, 2023, convicting him of assault in the second degree, upon his plea of guilty, and sentencing him to a determinate term of imprisonment of two years, to be followed by a period of postrelease supervision of three years. ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of two years, to be followed by a period of postrelease supervision of three years, to a split sentence of six months of imprisonment and three years of probation; as so modified, the judgment is affirmed. "In considering whether a sentence is unduly harsh or severe under the circumstances, we exercise our discretion giving consideration to, 'among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction, i.e., societal protection, rehabilitation, and deterrence'" (People v Kordish, 140 AD3d 981, 982-983, quoting People v Farrar, 52 NY2d 302, 305; see People v Diaz, 146 AD3d 803, 805-806). Based upon our review of the relevant circumstances presented in this case, we exercise our discretion in the interest of justice and reduce the sentence to the extent indicated. DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court