The People, etc., respondent, v. Raul Gruiero, appellant. (2011)

Submitted—August 26, 2011

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (D'Emic, J.), imposed October 26, 2010, upon his conviction, inter alia, of manslaughter in the second degree, upon his plea of guilty, and resentencing him to an indeterminate term of 5 to 10 years of imprisonment, on the ground that the resentence is excessive.

ORDERED that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the resentence imposed upon the conviction of manslaughter in the second degree from an indeterminate term of 5 to 10 years of imprisonment to an indeterminate term of 3 to 6 years of imprisonment.

The resentence imposed upon the defendant's conviction of manslaughter in the second degree is excessive to the extent indicated (see generally People v. Suitte, 90 A.D.2d 80, 86).

PRUDENTI, P.J., SKELOS, DICKERSON, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court