Opinion
June 15, 2000.
Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered September 20, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 10 years imprisonment, unanimously modified, on the law and the facts and as a matter of discretion in the interest of justice, the sentence is reduced to 7 years, to run concurrently with the sentence in Appeal No. 124, decided simultaneously herewith, and otherwise affirmed.
Khari P. Prescod, for respondent.
Katheryne Martone, for defendant-appellant.
Before: Rosenberger, J.P., Ellerin, Wallach, Saxe, JJ.
In view of our disposition of defendant's New York County conviction, there is no basis for reversal. We find the sentence herein excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.