People v. Gonzalez

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered March 8, 1988, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

*726On the night of February 4, 1987, two police officers responded to a radio report of a burglary in progress at a…