Opinion
04-09-2024
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Franklin R. Guenthner of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Franklin R. Guenthner of counsel), for respondent.
Manzanet–Daniels, J.P., Kapnick, Moulton, Scarpulla, JJ.
Upon remittitur from the Court of Appeals (— N.Y.3d —, — N.Y.S.3d —, — N.E.3d —, 2024 N.Y. Slip Op. 00927 [2024]), judgment, Supreme Court, New York County (Ann E. Scherzer, J.), rendered April 30, 2019, convicting defendant, after a jury trial, of burglary in the second degree, sexual abuse in the first degree, forcible touching (two counts) and sexual abuse in the third degree (two counts), and sentencing him, as a second felony offender, to an aggregate term of 13 years, unanimously affirmed.
Defendant’s excessive sentence claim pertaining to his reinstated conviction of burglary in the second degree is unavailing. Accordingly, we find no, basis for reducing the sentence.