People v. Frey

Judgment unanimously modified by vacating the sentence imposed and, as modified, affirmed, and defendant remanded to Supreme Court, Monroe County, for resentencing, in accordance with the following memorandum: Following his conviction after trial of burglary in the second degree and petit larceny, defendant was sentenced as a persistent felony offender to 15 years to life in prison. The sentencing court failed, however, to set forth on the record the reasons why “it is of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct…