People v DeLuna

People v DeLuna 2012 NY Slip Op 04819 Decided on June 14, 2012 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 June 14, 2012
Andrias, J.P., Sweeny, Renwick, Freedman, Manzanet-Daniels, JJ.
5513 3686/08

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

v

Alberto DeLuna, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(John Vang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole
Coviello of counsel), for respondent.

Upon remittitur from the Court of Appeals (__ NY3d __, 2012 NY Slip Op 03576, [2012]) judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered on or about February 23, 2010, unanimously affirmed.

We find that the sentence was not excessive.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 14, 2012

CLERK