Court Decision: 15-Year Sentence Reduced to 10 Years

Appellate Division, Second Department: People v. Burgess

15-Year Sentence Reduced to 10 Years

The trial court sentenced Mr. Burgess to prison sentences of 10 years and 5 years, to be served consecutively. The Appellate Division agreed that the sentences should have run concurrently, because there was insufficient evidence that the acts were separate and distinct. Accordingly, the resulting sentence is 10 years rather than 15 years.

Melissa Lee represented Mr. Burgess