People v Powell

People v Powell 2012 NY Slip Op 00461 Decided on January 26, 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 January 26, 2012
Saxe, J.P., Friedman, Moskowitz, Freedman, Richter, JJ.
5757 6194/08

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

v

Kenneth Powell, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Adrienne M.
Gantt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Naomi C.
Reed 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 (Bonnie G. Wittner, J.), rendered on or about November 17, 2009,

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. The Decision and Order of this Court entered herein on October 18, 2011 is hereby recalled and vacated (see M-5712 decided simultaneously herewith).

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

ENTERED: JANUARY 26, 2012

CLERK