People v. Fagan

Judgment, Supreme Court, Bronx County (George R. Vil-legas, J.), rendered July 6, 2010, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 18 years to life, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 16 years to life, and otherwise affirmed.

At the sentencing hearing, defense counsel did not challenge the constitutionality of defendant’s 2000 New York County conviction for attempted robbery, which…