People v Torres, 2021 NY Slip Op 04036 [195 AD3d 953]

June 23, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Isaias Torres, Appellant.

Janet E. Sabel, New York, NY (Dalourny Nemorin of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Victor Randall on the memorandum), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Gia Morris, J.), both rendered February 13, 2018, convicting him of burglary in the third degree under Superior Court information No. 173/2018, and burglary in the third degree under Superior Court information No. 174/2018, upon his pleas of guilty, and imposing sentences. By decision and order dated January 29, 2020, this Court affirmed the judgments ( see People v Torres , 179 AD3d 1102 [2020]). On December 15, 2020, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of issues raised but not determined on the appeals to this Court ( see People v Bisono , 36 NY3d 1013 [2020]).

Ordered that, upon remittitur from the Court of Appeals, the judgments are affirmed.

The sentences imposed were not excessive ( see CPL 470.15 [6] [b]; People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Barros, Brathwaite Nelson and Iannacci, JJ., concur..