People v. Johnson , 18 N.Y.S.3d 884 ( 2015 )

People v Johnson (2015 NY Slip Op 08191)

People v Johnson

2015 NY Slip Op 08191

Decided on November 12, 2015

Appellate Division, Second Department

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.

Decided on November 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
MARK C. DILLON
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.

2014-07959
2014-07961

[*1]The People of the State of New York, respondent,

v

Marcus L. Johnson, appellant. (Ind. Nos. 310/12, 146/14)

Thomas N. N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Dutchess County (Greller, J.), imposed August 12, 2014, and an amended sentence of the same court also dated August 12, 2014, on the ground that the sentence and the amended sentence were excessive.

ORDERED that the sentence and amended sentence are affirmed.

The sentence and amended sentence imposed were not excessive (see People v Suitte, 90 AD2d 80, 86-87).

ENG, P.J., DILLON, SGROI, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court