People v Herrington

People v Herrington 2020 NY Slip Op 01930 Decided on March 18, 2020 Appellate Division, Second 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 March 18, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
JOSEPH J. MALTESE
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
2018-03743
2018-09146

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

v

Tremell . Herrington, appellant.

Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from (1) a sentence of the County Court, Dutchess County (Peter M. Forman, J.), imposed March 6, 2018, upon his plea of guilty, and (2) an amended sentence of the same court imposed March 20, 2018, on the ground that the sentence and the amended sentence were excessive.

ORDERED that the appeal from the sentence is dismissed, as that sentence was superseded by the amended sentence; and it is further,

ORDERED that the amended sentence is affirmed.

The amended sentence was not excessive (see People v Suitte , 90 AD2d 80).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court