People v. Cordato

We agree with the majority on all aspects of this case except the sentence. The determination of what constitutes an appropriate sentence lies within the trial court’s sound discretion (see People v Minor, 45 AD3d 885, 886 [2007], lv denied 10 NY3d 768 [2008]). Although this Court has the authority to modify, “as a matter of discretion in the interest of justice,” a legal sentence that is “unduly harsh or severe” (CPL 470.15 [6] [b]), we exercise that discretion sparingly. It is not our role to substitute the sentence that we would have imposed had that been our obligation in the first…