People v. Mercer ( 2015 )

People v Mercer (2015 NY Slip Op 02574)

People v Mercer

2015 NY Slip Op 02574

Decided on March 26, 2015

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 26, 2015
Mazzarelli, J.P., Friedman, Sweeny, Gische, Kapnick, JJ.

14596 3193/12

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

v

Andrea Mercer, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein 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 (Jill Konviser, J.), rendered on or about June 25, 2013,

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.

The Decision and Order of this Court entered herein on March 24, 2015 is hereby recalled and vacated.

ENTERED: MARCH 26, 2015

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.