People v. Canela , 23 N.Y.S.3d 891 ( 2016 )

People v Canela (2016 NY Slip Op 00775)

People v Canela

2016 NY Slip Op 00775

Decided on February 4, 2016

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 February 4, 2016
Tom, J.P., Friedman, Sweeny, Acosta, Andrias, JJ.

142 246/10

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

v

Rafael Canela, Defendant-Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Paul Hershan of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Denis Boyle, J.), rendered on or about November 13, 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.

ENTERED: FEBRUARY 4, 2016

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.