People v. Cancel , 998 N.Y.S.2d 129 ( 2014 )

People v Cancel (2014 NY Slip Op 09053)

People v Cancel

2014 NY Slip Op 09053

Decided on December 30, 2014

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 30, 2014
Acosta, J.P., Moskowitz, Richter, Feinman, Clark, JJ.

1406N/12 13864 13863

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

v

John Cancel, Defendant-Appellant.

Scott A. Rosenberg, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz 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 (Laura Ward, J. at plea; Melissa Jackson, J. at sentencing), rendered on or about March 4, 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 30, 2014

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.