Feople v. Montanez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered December 9, 2008, convicting him of escape in the second degree, criminal possession of stolen property in the fifth degree, and attempted petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of escape in the second degree under count six of the indictment to escape in the third degree, and vacating the sentence imposed thereon; as so modified, the *1199judgment is affirmed, and the matter is remitted to…