People v. Theiss

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered July 17, 1991, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a predicate felon, to a term of imprisonment of 6 to 12 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to an indeterminate term of imprisonment of 3 to 6 years, and otherwise affirmed.

Shortly before 11 a.m. on January 16, 1991, off duty Detective Stephen Berberich was sitting in his car in front of 155 West 71st Street between Columbus Avenue and…