People v. Sassenscheid , 148 A.D.3d 732 ( 2017 )

People v Sassenscheid (2017 NY Slip Op 01572)

People v Sassenscheid

2017 NY Slip Op 01572

Decided on March 1, 2017

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 March 1, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.

2016-00041

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

v

Matthew J. Sassenscheid, Jr., also known as Matthew Garcia, appellant. (S.C.I. No. 8/15)

Arza Feldman, Uniondale, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered December 2, 2015, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the negotiated sentence, which was to run consecutively to the sentence the defendant was still serving at the time the judgment was rendered, was not excessive (see People v Karimzada, 48 AD3d 482, 483; People v Salmons, 210 AD2d 512, 513; People v Alvira, 209 AD2d 628, 629; People v Edwards, 159 AD2d 583, 585).

RIVERA, J.P., AUSTIN, ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court