People v. Smart

Scudder, P.J., and Martoche, J.

(dissenting in part). We respectfully dissent in part and would affirm the judgment of conviction without reducing defendant’s sentence. In our view, the sentence is not unduly harsh or severe and thus, under the circumstances of this case, we see no reason to reduce the sentence as a matter of discretion in the interest of justice.

Defendant was charged with burglary in the second degree (Penal Law § 140.25 [2]) and, following a jury trial, was convicted of that charge. The conviction arose out of an incident in which defendant, with two others, entered a home…