People v. Caraballo

Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J., at plea; D’Emic, J., at sentence), rendered October 20, 2009, convicting him of burglary in the second degree and petit larceny, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

As correctly conceded by the People, the defendant was improperly sentenced as a second violent felony offender. In *903People v…