People v. Walsh

The Appellate Division has “broad, plenary power to modify a sentence that is unduly harsh or severe under the circumstances, even though the sentence may be within the permissible statutory range” (People v Delgado, 80 NY2d 780, 783 [1992]). “We may substitute our own discretion even where a trial court has not abused its discretion” (People v Edwards, 37 AD3d 289, 290 [1st Dept 2007], lv denied 9 NY3d 843 [2007]) and may reduce a sentence in the interests of justice, taking into account factors such as a defendant’s age, physical and mental health, and remorse (see People v Ehrlich, 176…