Opinion
2015–02934 Ind. No. 9568/13
12-20-2017
The PEOPLE, etc., respondent, v. Thomas WILLIAMS, appellant.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Jonah R. Hecht of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Jonah R. Hecht of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered March 5, 2015, convicting him of burglary in the second degree (two counts), upon a jury verdict, and sentencing him as a persistent violent offender to two consecutive indeterminate terms of imprisonment of 18 years to life.
ORDERED the judgment is modified, as a matter of discretion in the interest of justice, by providing that the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.
The Supreme Court's Molineux ruling (see People v. Molineux, 168 N.Y. 264, 61 N.E. 286 ) constituted a provident exercise of discretion. The evidence was admissible to show the defendant's lack of mistake and his intent to commit the crime of burglary in the second degree (two counts), and the probative value exceeded the potential for prejudice to the defendant (see People v. Ingram, 71 N.Y.2d 474, 479, 527 N.Y.S.2d 363, 522 N.E.2d 439 ; People v. Rembert, 124 A.D.3d 805, 805, 1 N.Y.S.3d 367 ; People v. Alke, 90 A.D.3d 943, 944, 935 N.Y.S.2d 96 ; People v. Moore, 50 A.D.3d 926, 927, 854 N.Y.S.2d 782 ). In addition, the court's limiting instructions to the jury served to alleviate any potential prejudice resulting from the admission of the evidence (see People v. Rembert, 124 A.D.3d at 805, 1 N.Y.S.3d 367 ; People v. Yusuf, 104 A.D.3d 881, 883, 961 N.Y.S.2d 316 ; People v. Alke, 90 A.D.3d at 944, 935 N.Y.S.2d 96 ).
However, the sentence imposed was excessive to the extent indicated herein (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., AUSTIN, MALTESE and IANNACCI, JJ., concur.