People v. Guzman

Full title: The People of the State of New York, respondent, v. Derek Guzman…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 26, 2014

2014 N.Y. Slip Op. 8350 (N.Y. App. Div. 2014)

Opinion

2014-01447

11-26-2014

The People of the State of New York, respondent, v. Derek Guzman, appellant. (S.C.I. No. 32/10)

Thomas N. N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

Thomas N. N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Dutchess County (Greller, J.), imposed January 29, 2014, consisting of an indeterminate term of imprisonment of 2 to 6 years, on the ground that the amended sentence was excessive.

ORDERED that the amended sentence is modified, as a matter of discretion in the interest of justice, by reducing the amended sentence from an indeterminate term of imprisonment of 2 to 6 years to an indeterminate term of imprisonment of 1 to 4 years.

The amended sentence was excessive to the extent indicated herein (see generally Penal Law § 70.00; People v Suitte, 90 AD2d 80, 86).

ENG, P.J., RIVERA, HALL, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court