People v DelaCruz

People v DelaCruz 2007 NY Slip Op 09929 [46 AD3d 361] December 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Julian DelaCruz, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Laura Burde of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Marc Krupnick of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Edwin Torres, J.), rendered February 8, 2006, resentencing defendant, upon his conviction, after a jury trial, of three counts of burglary in the first degree, to concurrent terms of 20 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentences to concurrent terms of 15 years, and otherwise affirmed.

The court's conclusion regarding defendant's role in the crimes was supported by the trial evidence. We find the sentences excessive to the extent indicated. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.