People v. Heisler

People v Heisler (2015 NY Slip Op 04338)
People v Heisler
2015 NY Slip Op 04338
Decided on May 20, 2015
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on May 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
THOMAS A. DICKERSON
HECTOR D. LASALLE
BETSY BARROS, JJ.

2014-04928

[*1]The People of the State of New York, respondent,

v

Jeremy Heisler, appellant. (S.C.I. No. 308/13)




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

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



DECISION & ORDER

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.

ENTER:

Aprilanne Agostino

Clerk of the Court