People v. Errington

Appellate Division of the Supreme Court of New York

People v. Errington

307 A.D.2d 325, 762 N.Y.S.2d 524

Appellate Division of the Supreme Court of the State of New York·Decided July 21, 2003·Published·Cited by 3 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 3, 2000, convicting him of robbery in the second degree, upon a jury verdict, and sentencing him to a determinate term of 15 years imprisonment.

[326]*326Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different Justice.

The sentencing court’s remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing (see People v Reeder, 298 AD2d 468 [2002]; People v Innis, 288 AD2d 236 [2001]; People v Santiago, 277 AD2d 258 [2000]). Accordingly, the matter must be remitted to the Supreme Court, Kings County, for resentencing before a different Justice.

The defendant’s remaining contentions either are unpreserved for appellate review or without merit. Santucci, J.P., McGinity, Townes and Mastro, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 3, 2000, convicting him of robbery in the second degree, upon a jury verdict, and sentencing him to a determinate term of 15 years imprisonment.

[326]*326Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different Justice.

The sentencing court’s remarks demonstrated that it improperly considered crimes of which the defendant was acquitted as a basis for sentencing (see People v Reeder, 298 AD2d 468 [2002]; People v Innis, 288 AD2d 236 [2001]; People v Santiago, 277 AD2d 258 [2000]). Accordingly, the matter must be remitted to the Supreme Court, Kings County, for resentencing before a different Justice.

The defendant’s remaining contentions either are unpreserved for appellate review or without merit. Santucci, J.P., McGinity, Townes and Mastro, JJ., concur.

People v. Errington, 307 A.D.2d 325, 762 N.Y.S.2d 524 (N.Y. Ct. App. 2003).

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Opinion

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