PEOPLE, ETC., res, v. ANDREW BARNETTE, ap

PEOPLE, ETC., res, v. ANDREW BARNETTE, ap — (IND. NO. 9928/11) Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered June 7, 2013, convicting him of kidnapping in the second degree, robbery in the second degree, unlawful imprisonment in the second degree, assault in the third degree, endangering the welfare of a child, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and sentencing him to consecutive determinate terms of imprisonment of 25 years plus 5 years of postrelease supervision on the conviction of kidnapping in the second degree and 15 years plus 5 years of postrelease supervision on the conviction of robbery in the second degree, and concurrent definite terms of imprisonment of 1 year each on the convictions of unlawful imprisonment in the second degree, assault in the third degree, endangering the welfare of a child, and criminal possession of stolen property in the fifth degree, to run concurrently with the consecutively imposed sentences. The appeal brings up for review the denial, after a hearing (Chun, J.), of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

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PEOPLE, ETC., res, v. ANDREW BARNETTE, ap — (IND. NO. 9928/11) Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered June 7, 2013, convicting him of kidnapping in the second degree, robbery in the second degree, unlawful imprisonment in the second degree, assault in the third degree, endangering the welfare of a child, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and sentencing him to consecutive determinate terms of imprisonment of 25 years plus 5 years of postrelease supervision on the conviction of kidnapping in the second degree and 15 years plus 5 years of postrelease supervision on the conviction of robbery in the second degree, and concurrent definite terms of imprisonment of 1 year each on the convictions of unlawful imprisonment in the second degree, assault in the third degree, endangering the welfare of a child, and criminal possession of stolen property in the fifth degree, to run concurrently with the consecutively imposed sentences. The appeal brings up for review the denial, after a hearing (Chun, J.), of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials.

ORDERED that the judgment is modified, on the law and as a matter of discretion in the interest of justice, (1) by vacating the conviction of unlawful imprisonment in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment, and (2) by providing that all of the sentences imposed shall run concurrently with each other; as so modified, the judgment is affirmed.

PEOPLE, ETC., res, v. ANDREW BARNETTE, ap

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