People v. Arroyo

Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly sentenced him as a violent felony offender upon his conviction of burglary in the second degree (Penal Law § 140.25 [2]; see, Penal Law § 70.02 [1] [b]). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Harvey, J.— Burglary, 2nd Degree.) Present — Pigott, Jr., P. J., Pine, Hayes, Scudder and Lawton, JJ.