People v. Merly , 2023 NY Slip Op 06338 ( 2023 )

People v Merly (2023 NY Slip Op 06338)

People v Merly

2023 NY Slip Op 06338

Decided on December 12, 2023

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 and Entered: December 12, 2023
Before: Kern, J.P., Singh, Kennedy, Mendez, Rodriguez, JJ.

Ind. No. 3922/14 Appeal No. 1198 Case No. 2018-1913

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

v

John Merly, Defendant-Appellant.

Twyla Carter, The Legal Aid Society, New York (Naila S. Siddiqui of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Amir H. Khedmati 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 (Raymond L. Bruce, J.), rendered June 28, 2017,

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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: December 12, 2023

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate Division,

First Department.