People v. Walker

People v Walker (2018 NY Slip Op 05709)
People v Walker
2018 NY Slip Op 05709
Decided on August 8, 2018
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 August 8, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
JOHN M. LEVENTHAL
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.

2017-02778
(Ind. No. 90015/17)

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

v

Christopher Walker, appellant.




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

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



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 NY2d 264; People v Lyons, 161 AD3d 1196, 1196); 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 AD2d 80).

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

ENTER:

Aprilanne Agostino

Clerk of the Court