People v. Mastromarino

194 A.D.2d 487, 599 N.Y.S.2d 287, 1993 N.Y. App. Div. LEXIS 6800

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 29, 1993
• Status: Published

Opinion

—Judgment, Supreme Court, New York County (Max Sayah, J.), rendered November 8, 1990, convicting defendant, after a guilty plea, of burglary in the third degree and escape in the second degree, and sentencing him to consecutive sentences of 3 Vi to 7 years and 2 to 4 years, respectively, unanimously modified on the law, the facts and as a matter of discretion in the interest of justice to the extent of making the sentences concurrent.

Contrary to the sentencing court’s belief, it "was * * * free and, indeed, duty bound to exercise its discretion in imposing sentence” (People v Martinez, 124 AD2d 505, 506). Upon a review of the record, we find the sentence is excessive to the extent indicated. Concur—Carro, J. P., Ellerin, Rubin and Nardelli, JJ.