People v Cardascia, 2018 NY Slip Op 01932 [159 AD3d 917]

March 21, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Dominic R. Cardascia, Appellant.

Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Dutchess County (Peter M. Forman, J.), imposed May 25, 2016, sentencing him to consecutive indeterminate terms of imprisonment of 2 1/3 to 7 years upon his conviction of forgery in the second degree, and 1 1/3 to 4 years upon his conviction of criminal possession of stolen property in the fourth degree, on the ground that the sentence was excessive.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by providing that the two indeterminate terms of imprisonment shall run concurrently with each other; as so modified, the sentence is affirmed.

The sentence, although legally permissible, is excessive to the extent indicated herein ( see People v Suitte , 90 AD2d 80 [1982]). Scheinkman, P.J., Dillon, Miller, Hinds-Radix and Iannacci, JJ., concur..