People v. Desulma

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed November 21, 2003, upon his conviction of arson in the second degree and reckless endangerment in the first degree (two counts).

Ordered that the resentence is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

In reimposing the defendant’s original sentence based solely on an order of the Supreme Court, Kings County, entered September 9, 2002, which decided the defendant’s motion pursuant…