People v. Heaven , 2019 NY Slip Op 4198 ( 2019 )

People v Heaven (2019 NY Slip Op 04198)

People v Heaven

2019 NY Slip Op 04198

Decided on May 29, 2019

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 May 29, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.

2017-08026
(Ind. No. 701/16)

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

v

Nicholas Heaven, appellant.

Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York, NY (Deborah A. Brenner and Julie Steiner of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Douglas Wong, J.), imposed July 7, 2017, revoking a sentence of probation previously imposed by the same court (Dorothy Chin-Brandt, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted robbery in the second degree.

ORDERED that the amended sentence is affirmed.

The amended sentence imposed was not excessive (see People v Suitte , 90 AD2d 80).

DILLON, J.P., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court