People v Heisler, 2015 NY Slip Op 04338 [128 AD3d 984]

May 20, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jeremy Heisler, Appellant.

Carol Kahn, New York, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed May 7, 2014, upon his conviction of burglary in the second degree (two counts), upon his plea of guilty, the sentence being concurrent determinate terms of imprisonment of seven years and a five-year period of postrelease supervision.

Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the determinate terms of imprisonment from seven years to five years; as so modified, the sentence is affirmed.

The sentence imposed was excessive to the extent indicated. Chambers, J.P., Dickerson, LaSalle and Barros, JJ., concur..