Opinion
2000-10580
Argued June 13, 2003.
July 21, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 3, 2000, convicting him of robbery in the second degree, upon a jury verdict, and sentencing him to a determinate term of 15 years imprisonment.
Laura R. Johnson, New York, N.Y. (Deepa Rajan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different Justice.
The sentencing court's remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing ( see People v. Reeder, 298 A.D.2d 468; People v. Innis, 288 A.D.2d 236; People v. Santiago, 277 A.D.2d 258). Accordingly, the matter must be remitted to the Supreme Court, Kings County, for resentencing before a different Justice.
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
SANTUCCI, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.