People v. Ortiz

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered January 31, 2003, convicting defendant, after a jury trial, of rape in the second degree and sexual abuse in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 31/z to 7 years and 7 years, respectively, unanimously modified, on the law, to the extent of vacating the second violent felony offender adjudication and sentence, and remanding the matter for further proceedings, and otherwise affirmed.

The court properly declined to resubmit the case to the jury after it returned a…