People v. Mastromarino

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

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.