People v. Nesmith , 144 A.D.3d 576 ( 2016 )

People v Nesmith (2016 NY Slip Op 07866)

People v Nesmith

2016 NY Slip Op 07866

Decided on November 22, 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 November 22, 2016
Friedman, J.P., Saxe, Richter, Gische, Kapnick, JJ.

2774 3310/12

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

v

Timothy Nesmith, Defendant-Appellant.

Seymour W. James, The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Elizabeth Kamens 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 (Eugene Oliver Jr., J.), rendered December 3, 2014,

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: NOVEMBER 22, 2016

CLERK

Counsel for appellant is referred to

§ 606.5, Rules of the Appellate

Division, First Department.