| People v Fiorello |
| 2012 NY Slip Op 05650 [97 AD3d 763] |
| July 18, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Philip Fiorello, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for
respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Cohen, J.), imposed April l, 2011, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Inasmuch as "the defendant received the minimum sentence permitted by law, this Court has no authority to reduce [the sentence] as a matter of discretion in the interest of justice" (People v Howard, 50 AD3d 823, 823 [2008]; see CPL 470.20 [6]; Penal Law §§ 70.00 [3] [a] [ii]; 220.41; People v Wilson, 28 AD3d 796, 797 [2006]; People v Muller, 294 AD2d 602 [2002]). Mastro, A.P.J., Rivera, Belen, Roman and Sgroi, JJ., concur.