People v. Smart

Appeal from a judgment of the Monroe County Court (William E Kocher, A.J.), rendered May 13, 2009. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from is modified as a matter of discretion in the interest of justice by reducing the sentence imposed to an indeterminate term of incarceration of 15 years to life and as modified the judgment is affirmed.

Memorandum: Defendant appeals from a judgment convicting *1474him upon a jury verdict of burglary in the second degree (Penal Law § 140.25 [2]). He was…