People v. Ortiz

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered January 24, 2011, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent felony offender, to a term of 23 years to life, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

The court properly determined that the doctrine of collateral estoppel did not require preclusion of all evidence pertaining to defendant’s possession, use or threatened use of a razor blade, since he failed to meet his…