People v. Provencal ( 2016 )

People v Provencal (2016 NY Slip Op 04076)

People v Provencal

2016 NY Slip Op 04076

Decided on May 25, 2016

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 May 25, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.

2014-07786
(Ind. No. 15/12)

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

v

Christopher Provencal, appellant.

Carol Kahn, New York, NY, for appellant.

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

DECISION & ORDER

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Greller, J.), imposed July 16, 2014, as amended December 1, 2014, upon his conviction of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence, as amended, is affirmed.

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court