People v. Rios

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered August 26, 2010, convicting him of murder in the second degree, upon a jury verdict, and sentencing him to a term of imprisonment of 25 years to life, to run consecutively to a certain undischarged 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.

The defendant’s contention that he was deprived of his due process right to a fair…