People v. Barreto

People v Barreto (2018 NY Slip Op 01881)
People v Barreto
2018 NY Slip Op 01881
Decided on March 20, 2018
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 March 20, 2018
Friedman, J.P., Richter, Mazzarelli, Kapnick, Gesmer, JJ.

6041 4315/15

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

v

Samuel Barreto, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York (Allison N. Kahl of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Stephen Kress 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 (Edward McLaughlin, J. at plea and sentencing; Ellen Biben, J., at resentencing), rendered June 22, 2016, as modified December 13, 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.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2018

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.