Opinion
2014-11-26
The PEOPLE, etc., respondent, v. Derek GUZMAN, appellant.
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.
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.
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 1/3 to 4 years.
The amended sentence was excessive to the extent indicated herein ( see generally Penal Law § 70.00; People v. Suitte, 90 A.D.2d 80, 86, 455 N.Y.S.2d 675). ENG, P.J., RIVERA, HALL, HINDS–RADIX and BARROS, JJ., concur.