People v. Greenlee
Docket 2024-01302
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed in Part, Reversed in Part
- Citation
- 2026 NY Slip Op 02669
- Docket
- 2024-01302
Appeal from a sentence imposed after defendant's guilty plea in Supreme Court, Kings County, challenging the sentence as excessive.
Summary
The Appellate Division, Second Department, reviewed defendant Darrel Greenlee’s appeal challenging the excessiveness of a nine-year determinate sentence (plus five years postrelease supervision) imposed after his guilty plea to first-degree assault. The court exercised its discretion in the interest of justice and reduced the prison term to seven years while leaving the five-year period of postrelease supervision intact. The court cited sentencing excessiveness principles and People v Suitte in concluding the original nine-year term was greater than warranted and therefore modified the sentence accordingly.
Issues Decided
- Whether the nine-year determinate sentence (plus five years postrelease supervision) imposed after a guilty plea was excessive.
- Whether the appellate court should reduce the sentence in the interest of justice under People v Suitte.
Court's Reasoning
The court found the original nine-year term was excessive under the governing discretionary standard for reviewing sentences and relied on People v Suitte to guide whether modification was warranted. Balancing the seriousness of the offense and the defendant's circumstances, the court exercised its interest-of-justice power to reduce the prison term to seven years while preserving the postrelease supervision period. That reduction remedied the excess without disturbing the remainder of the sentence.
Authorities Cited
- People v Suitte90 AD2d 80
Parties
- Appellant
- Darrel Greenlee
- Respondent
- The People of the State of New York
- Judge
- Danny K. Chun
- Judge
- Colleen D. Duffy
- Attorney
- Patricia Pazner (for appellant)
- Attorney
- Eric Gonzalez, District Attorney (for respondent)
Key Dates
- Decision date
- 2026-04-29
- Original sentence date
- 2024-01-31
- Index/Appeal docket year
- 2024-01-01
What You Should Do Next
- 1
Request sentencing docket update
Ensure the corrected sentence (seven years imprisonment with five years postrelease supervision) is reflected in jail, parole, and court records by contacting counsel or the clerk.
- 2
Consult defense counsel about further appeal
If the defendant wishes to challenge other aspects of the conviction or seek leave to appeal to a higher court, discuss the prospects and filing deadlines with counsel.
- 3
Prepare for incarceration adjustments
Defense or correctional counsel should notify the correctional facility of the modified term to adjust custody calculations and release planning.
Frequently Asked Questions
- What did the court decide?
- The court reduced Greenlee's prison term from nine years to seven years but kept the five-year postrelease supervision period intact.
- Who is affected by this decision?
- The decision directly affects Darrel Greenlee by shortening his incarceration; it also confirms the People’s conviction and supervision term remain in place.
- Why did the court reduce the sentence?
- The court concluded the original nine-year sentence was excessive under appellate review standards and used its discretion to modify the sentence in the interest of justice, citing People v Suitte.
- Can this decision be appealed?
- Further appellate review may be limited because this is an intermediate appellate decision on sentence modification; a party could seek leave to appeal to a higher court, but such review is discretionary.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Greenlee - 2026 NY Slip Op 02669 People v Greenlee 2026 NY Slip Op 02669 April 29, 2026 Appellate Division, Second Department The People of the State of New York, respondent, v Darrel Greenlee, appellant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on April 29, 2026 2024-01302, (Ind. No. 70085/22) Colleen D. Duffy, J.P. Cheryl E. Chambers Deborah A. Dowling Carl J. Landicino Phillip Hom, JJ. Patricia Pazner, New York, NY (Johanny Santana of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel; Caleb Otero on the memorandum), for respondent. DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Danny K. Chun, J.), imposed January 31, 2024, sentencing him to a determinate term of imprisonment of nine years, to be followed by a period of postrelease supervision of five years, upon his conviction of assault in the first degree, upon his plea of guilty, on the ground that the sentence was excessive. ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed from a determinate term of imprisonment of nine years, to be followed by a period of postrelease supervision of five years, to a determinate term of imprisonment of seven years, to be followed by a period of postrelease supervision of five years; as so modified, the sentence is affirmed. The sentence imposed was excessive to the extent indicated herein ( see People v Suitte , 90 AD2d 80). DUFFY, J.P., CHAMBERS, DOWLING, LANDICINO and HOM, JJ., concur. ENTER: Darrell M. Joseph