People v. Guzman

• Decision Date: 21 October 2020
• Docket Number: Ind.No. 757/18,2018–13740
• Parties: The PEOPLE, etc., respondent, v. Lorenzo Isaias GUZMAN, appellant.
• Court: New York Supreme Court — Appellate Division

187 A.D.3d 1046

131 N.Y.S.3d 269 (Mem)

The PEOPLE, etc., respondent,

v.Lorenzo Isaias GUZMAN, appellant.

2018–13740

Ind.No. 757/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted September 30, 2020

October 21, 2020

Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed October 16, 2018, sentencing him to concurrent determinate terms of imprisonment of 4½ years, to be followed by 5 years of postrelease supervision, upon his conviction of two counts of attempted arson in the second degree, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the concurrent determinate terms of imprisonment of 4½ years to concurrent determinate terms of imprisonment of 3½ years, and by reducing the period of postrelease supervision from 5 years to a period of postrelease supervision of 2½ years.

"In considering whether a sentence is unduly harsh or severe under the circumstances, we exercise our discretion giving consideration to, ‘among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction, i.e., societal protection, rehabilitation, and deterrence’ " ( People v. Kordish, 140 A.D.3d 981, 982–983, 33 N.Y.S.3d 434, quoting People v. Farrar, 52 N.Y.2d 302, 305, 437 N.Y.S.2d 961, 419 N.E.2d 864 ; see Penal Law § 1.05 ; People v. McConnell, 49 N.Y.2d 340, 346, 425 N.Y.S.2d 794, 402 N.E.2d 133 ; People v. Diaz, 146 A.D.3d 803, 805–806, 46 N.Y.S.3d 627 ). Based upon our review of the relevant circumstances presented in this case, we exercise our discretion in the interest of justice and reduce the sentence to the extent indicated.

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.