People v Diaz
2010 NY Slip Op 08746 [78 AD3d 1072]
November 23, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


The People of the State of New York, Respondent,
v
Felix Diaz, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Claibourne Henry on the brief), for respondent.

Appeal by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Tomei, J.), both imposed June 3, 2009, under indictments Nos. 3915/05 and 7144/07, respectively, and an amended sentence of the same court imposed June 10, 2009, under indictment No. 7144/07, on the ground that the sentences and the amended sentence were excessive.

Ordered that the sentences and the amended sentence are affirmed. No opinion. Prudenti, P.J., Skelos, Florio, Leventhal and Austin, JJ., concur.