People v Johnson
2008 NY Slip Op 07776 [55 AD3d 377]
October 16, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Darnell Johnson, Appellant.

[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J., at plea; Arlene D. Goldberg, J., at sentence), rendered October 22, 2006, convicting defendant of burglary in the second degree and attempted burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of eight years, unanimously modified, on the law, to the extent of reducing the sentence for attempted burglary to seven years, and otherwise affirmed.

As the People concede, the maximum sentence for a second violent felony offender convicted of attempted burglary in the second degree, a class D felony, is seven years and we modify accordingly.

We perceive no basis to otherwise reduce the sentences. Concur—Lippman, P.J., Andrias, Buckley, Sweeny and Renwick, JJ.