People v Susankar
2008 NY Slip Op 05370 [52 AD3d 322] [52 AD3d 322]
June 12, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Rajindranauth Susankar, Appellant.

[*1] Office of the Appellate Defender, New York (Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (James A. Yates, J.), rendered January 12, 2007, resentencing defendant upon his conviction, after a jury trial, of murder in the second degree, attempted murder in the second degree, criminal use of a firearm in the first degree (two counts), criminal possession of a weapon in the second and third degrees and reckless endangerment in the first degree, to an aggregate term of 26 years to life, unanimously modified, as a matter of discretion in the interest of justice, to the extent of directing that all sentences be served concurrently, and otherwise affirmed.

We find the sentence excessive. The above reduction results in an aggregate term of 22 years to life, equal to the term imposed on the murder conviction. Concur—Mazzarelli, J.P., Catterson, Moskowitz and Acosta, JJ.