People v Andino

People v Andino 2013 NY Slip Op 06982 Decided on October 29, 2013 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 October 29, 2013
Tom, J.P., Andrias, Saxe, Freedman, Richter, JJ. 10893-
2568/06 10894

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

v

Bryan Andino, Defendant-Appellant.




Richard M. Greenberg, Office of The Appellate Defender, New
York (Alexandra Keeling of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Noah J. Chamoy
of counsel), for respondent.

Appeals having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Martin Marcus, J.), rendered on or about March 18, 2008, and from an order, same Court and Justice, entered November 2, 2012, which denied defendant's motion to set aside the sentence,

Said appeals having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, and having rejected defendant's remaining arguments,

It is unanimously ordered that the judgment and order so appealed from be and the same are hereby affirmed.

ENTERED: OCTOBER 29, 2013

CLERK
Counsel for appellant is referred to
§ 606.5, Rules of the Appellate
Division, First Department.