Franco v. Costello

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner was convicted in New York Supreme Court of assault in the second degree, attempted criminal possession of a weapon in the third degree, and attempted grand larceny in the fourth degree. He was sentenced to consecutive terms of imprisonment of seven years and four years for the assault and attempted weapon possession counts, respectively, concurrent with a term of one year for the larceny count. The Appellate Division modified the judgment by reducing his sentence on the attempted weapon possession conviction to a term of two to four years…