People v. Benton

Judgment, Supreme Court, Bronx County (Bernard Jackson, J.), rendered March 9, 1989, convicting defendant, after jury trial, of criminal trespass in the first degree, and sentencing him as a second violent felony offender to a term of 2 Vi to 5 years, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to vacate the adjudication as a second violent felony offender and, instead, to adjudicate defendant a second felony offender, and otherwise affirmed.

Defendant’s, argument that the verdict is repugnant in convicting him of criminal trespass in…