People v Rios

People v Rios 2017 NY Slip Op 04570 Decided on June 8, 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 June 8, 2017
Friedman, J.P., Gische, Kapnick, Gesmer, JJ.
4224 2530/12

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

v

Lino Rios, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Christine DiDomenico 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 (Marcy L. Kahn, J. at trial and original sentencing; Bonnie G. Wittner, J. at resentencing), rendered September 19, 2016,

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: JUNE 8, 2017

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.