PEOPLE v. SMITH

10605, 5112/08.

109 A.D.3d 752 (2013)

971 N.Y.S.2d 699

2013 NY Slip Op 6074

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY SMITH, Appellant.

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

Decided September 26, 2013.


Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.) rendered September 12, 2011, as amended January 10, 2012, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him to a term of five years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the conviction to burglary in the second degree and reducing the prison term to 3½ years, and otherwise affirmed. As the People...

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