The People, etc., respondent, v. Derek Guzman, appellant. (2014)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Derek Guzman, appellant.

2014–01447

Decided: November 26, 2014

RANDALL T. ENG, P.J. REINALDO E. RIVERA L. PRISCILLA HALL SYLVIA O. HINDS–RADIX BETSY BARROS, JJ.

Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Submitted—September 26, 2014

DECISION & ORDER

(S.C.I. No. 32/10)

Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Dutchess County (Greller, J.), imposed January 29, 2014, consisting of an indeterminate term of imprisonment of 2 to 6 years, on the ground that the amended sentence was excessive.

ORDERED that the amended sentence is modified, as a matter of discretion in the interest of justice, by reducing the amended sentence from an indeterminate term of imprisonment of 2 to 6 years to an indeterminate term of imprisonment of 11/313 to 4 years.

The amended sentence was excessive to the extent indicated herein (see generally Penal Law § 70.00; People v. Suitte, 90 A.D.2d 80, 86).

ENG, P.J., RIVERA, HALL, HINDS–RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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