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PEOPLE v. CABRERA

2008-01081.

2009 NY Slip Op 06443

THE PEOPLE, ETC., respondent, v. ROBERT CABRERA, appellant.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Steven Banks, New York, N.Y. (Robert Budner of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Irina Knopp on the brief), for respondent.

Before: Peter B. Skelos, J.P., Steven W. Fisher, Ariel E. Belen, Plummer E. Lott, JJ.

DECISION & ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment imposed upon the conviction of robbery in the first degree from a determinate term of imprisonment of 25 years to a determinate term of imprisonment of 15 years; as so modified, the judgment is affirmed.

Under the circumstances of this case, the sentence imposed was excessive to the extent indicated herein...

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