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People v. Delessandro

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


December 2, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
FRANCIS DELESSANDRO, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered August 8, 2006, convicting him of burglary in the second degree (two counts) and criminal possession of stolen property in the fifth degree, upon a jury verdict, and sentencing him, as a persistent violent felony offender, to indeterminate terms of 18 years to life on the convictions of burglary in the second degree, and a determinate term of one year on the conviction of criminal possession of stolen property in the fifth degree, to run consecutively to each other.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., PETER B. SKELOS, RUTH C. BALKIN and ARIEL E. BELEN, JJ.

(Ind. No. 5901/05)

DECISION & ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by directing that the terms of imprisonment imposed shall run concurrently with each other; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, the trial court's charge on recent exclusive possession of stolen property was not improper. Accordingly, the defendant's ineffective assistance of counsel claim, based solely on the fact that his assigned counsel requested the instruction, is without merit (see generally People v McKenzie, 48 AD3d 594, 595; People v Stover, 36 AD3d 837, 838).

The sentence imposed was excessive to the extent indicated herein (see People v Suitte, 90 AD2d 80).

MASTRO, J.P., SKELOS, BALKIN and BELEN, JJ., concur.

20081202

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