Opinion
2022-02009, 2022-02010 SCI Nos. 162/19, 163/19
05-03-2023
The PEOPLE, etc., respondent, v. Tyler P. RECCHIA, appellant.
Thomas N.N. Angell, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
COLLEEN D. DUFFY, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, JOSEPH A. ZAYAS, HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from two sentences of the County Court, Dutchess County (Jessica Z. Segal, J.), both imposed February 22, 2022, sentencing him, under Superior Court Information No. 162/19, to an indeterminate term of imprisonment of 2? to 7 years upon his conviction of burglary in the third degree and a definite term of imprisonment of 364 days upon his conviction of petit larceny, and, under Superior Court Information No. 163/19, to an indeterminate term of imprisonment of 2? to 7 years upon his conviction of burglary in the third degree and a definite term of imprisonment of 364 days upon his conviction of criminal mischief in the fourth degree, with the terms of imprisonment imposed under Superior Court Information No. 163/19 to run consecutively to the terms of imprisonment imposed under Superior Court Information No. 162/19, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are modified, as a matter of discretion in the interest of justice, by providing that the terms of imprisonment imposed under Superior Court Information No. 163/19 shall run concurrently with the terms of imprisonment imposed under Superior Court Information No. 162/19; as so modified, the sentences are affirmed.
The sentences imposed were excessive to the extent indicated herein (see People v. Williams, 211 A.D.3d 1055, 180 N.Y.S.3d 295 ; People v. Morrison, 201 A.D.3d 953, 157 N.Y.S.3d 787 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DUFFY, J.P., CHRISTOPHER, WOOTEN, ZAYAS and VOUTSINAS, JJ., concur.