People v. Rios

Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered August 8, 2006, convicting defendant, after a jury trial, of murder in the second degree, criminal possession of a weapon in the second degree and escape in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 25 years to life, unanimously modified, on the law, to the extent of reducing the escape conviction to third-degree escape and reducing the sentence, on the escape conviction only, to time served, and otherwise affirmed.

The People failed to prove an element of the crime of…