Opinion
2000-10461
Submitted October 28, 2002.
November 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered November 6, 2000, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 10 years imprisonment.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of eight years imprisonment; as so modified, the judgment is affirmed.
Under the particular circumstances of this case, it is appropriate to reduce the defendant's sentence to the minimum, a determinate term of eight years imprisonment.
FLORIO, J.P., S. MILLER, ADAMS and CRANE, JJ., concur.