People v. Delacruz

Judgment, Supreme Court, New York County (Charles H. Solomon, J., at hearing; Edwin Torres, J., at jury trial and sentence), rendered June 30, 2003, convicting defendant of three counts of burglary in the first degree, and sentencing him to concurrent terms of 20 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

The hearing court, which suppressed defendant’s initial statement to police for lack of Miranda warnings, correctly found attenuation with regard to all of…