People v. Diaz , 20 N.Y.S.3d 531 ( 2015 )

People v Diaz (2015 NY Slip Op 09209)

People v Diaz

2015 NY Slip Op 09209

Decided on December 15, 2015

Appellate Division, First 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 December 15, 2015
Tom, J.P., Sweeny, Renwick, Manzanet-Daniels, JJ.

16403 4205/12

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

v

Jesus Diaz, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Rena K. Uviller, J.), rendered on or about September 18, 2013,

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

ENTERED: DECEMBER 15, 2015

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.