People v Kelly

People v Kelly 2013 NY Slip Op 00543 Decided on January 31, 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 January 31, 2013
Gonzalez, P.J., Friedman, Moskowitz, DeGrasse, Freedman, JJ.
9127 3579/10

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

v

Donald Kelly, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Eve Kessler
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L.
Haber 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 (Charles Solomon, J.), rendered on or about February 22, 2011,

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: JANUARY 31, 2013

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