People v. Walker, 2017-02778

• Court: New York Supreme Court Appellate Division
• Citation: 78 N.Y.S.3d 675 (Mem)
• Decision Date: 08 August 2018
• Parties: The PEOPLE, etc., respondent, v. Christopher WALKER, appellant.
• Docket Number: Ind. No. 90015/17,2017-02778

164 A.D.3d 623
78 N.Y.S.3d 675 (Mem)

The PEOPLE, etc., respondent,
v.
Christopher WALKER, appellant.

2017-02778
Ind. No. 90015/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted—February 23, 2018
August 8, 2018

Paul Skip Laisure, New York, N.Y. (Lauren E. Jones of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Alan J. Meyer, J.), imposed February 8, 2017, upon his plea of guilty, on the ground that the sentence was excessive. Cross motion by the respondent to dismiss the appeal on the ground that the appeal is barred by CPL 450.10(1).

ORDERED that the cross motion is denied (see People v. Pollenz, 67 N.Y.2d 264, 502 N.Y.S.2d 417, 493 N.E.2d 541 ; People v. Lyons, 161 A.D.3d 1196, 1196, 74 N.Y.S.3d 500 ); and it is further,

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

SCHEINKMAN, P.J., LEVENTHAL, BARROS, CONNOLLY and IANNACCI, JJ., concur.