People v Powell
2012 NY Slip Op 00461 [91 AD3d 555]
January 26, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Kenneth Powell, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Bonnie G. Wittner, J.), rendered on or about November 17, 2009,

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.

The decision and order of this Court entered herein on October 18, 2011 (88 AD3d 543 [2011]) is hereby recalled and vacated (see 2012 NY Slip Op 62384[U] [decided simultaneously herewith]). Concur—Saxe, J.P., Friedman, Moskowitz, Freedman and Richter, JJ.