Opinion
2000-03216
Argued June 7, 2002.
September 10, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered March 23, 2000, convicting him of burglary in the second degree (two counts), assault in the second degree, grand larceny in the third degree, petit larceny, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by directing that all sentences run concurrently with each other; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improperly delegate its authority (see People v. Hernandez, 94 N.Y.2d 552, 555; People v. Monroe, 90 N.Y.2d 982; People v. Pulido, 278 A.D.2d 254; cf. People v. Ahmed, 66 N.Y.2d 307).
The sentence imposed was excessive to the extent indicted.
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.