People v. Santos , 149 A.D.3d 650 ( 2017 )

People v Diaz (2017 NY Slip Op 03134)

People v Diaz

2017 NY Slip Op 03134

Decided on April 25, 2017

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 April 25, 2017
Tom, J.P., Mazzarelli, Andrias, Manzanet-Daniels, Webber, JJ.

3835 2687/12

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

v

Ivan Diaz, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Ronald Alfano of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Frank P. Milano, J.), rendered July 25, 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: APRIL 25, 2017

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.