Opinion
10-18-2017
The PEOPLE, etc., respondent, v. Jose MALDONADO, appellant.
Paul Skip Laisure, New York, NY (Joshua M. Levine of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Paul Skip Laisure, New York, NY (Joshua M. Levine of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from so much of a resentence of the Supreme Court, Kings County (Gary, J.), imposed September 23, 2014, as, upon his conviction of manslaughter in the second degree, upon a jury verdict, after remittitur from the Court of Appeals for resentencing (see People v. Maldonado, 24 N.Y.3d 48, 58, 993 N.Y.S.2d 680, 18 N.E.3d 391 ), and upon resentencing him to an indeterminate term of imprisonment of 7 ½ to 15 years, directed that the resentence run consecutively to the indeterminate term of imprisonment of 2 to 4 years previously imposed upon his conviction of grand larceny in the fourth degree.
ORDERED that the resentence is reversed insofar as appealed from, as a matter of discretion in the interest of justice, and the indeterminate term of imprisonment of 7 ½ to 15 years on the conviction of manslaughter in the second degree shall run concurrently with the indeterminate term of imprisonment of 2 to 4 years previously imposed upon the defendant's conviction of grand larceny in the fourth degree.
In the exercise of our interest of justice jurisdiction, we reverse the resentence insofar as appealed from to provide that the indeterminate term of imprisonment of 7 ½ to 15 years on the conviction of manslaughter in the second degree shall run concurrently with the indeterminate term of imprisonment of 2 to 4 years previously imposed upon the defendant's conviction of grand larceny in the fourth degree (see People v. Martinez, 142 A.D.3d 718, 718, 36 N.Y.S.3d 923 ; People v. Diaz, 259 A.D.2d 628, 689 N.Y.S.2d 151 ). In light of our determination, it is unnecessary to reach the defendant's remaining contentions (see People v. Martinez, 142 A.D.3d at 718., 36 N.Y.S.3d 923 ).
CHAMBERS, J.P., MILLER, HINDS–RADIX and DUFFY, JJ., concur.