Opinion
06-22-2016
The PEOPLE, etc., respondent, v. Tyreen BROWN, appellant.
Lynn W.L. Fahey, New York, NY (Kendra L. Hutchinson of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Rebecca L. Visgaitis of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Kendra L. Hutchinson of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Rebecca L. Visgaitis of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Del Giudice, J.), imposed May 27, 2014, upon his conviction of manslaughter in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v. Brown, 113 A.D.3d 785, 786, 978 N.Y.S.2d 862 ), the resentence being a determinate term of imprisonment of 25 years plus 5 years of postrelease supervision as a first-time felony offender.
ORDERED that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment from 25 years to 20 years; as so modified, the judgment is affirmed. The resentence was excessive to the extent indicated herein (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., COHEN, MALTESE and LaSALLE, JJ., concur.