People v Combs
2012 NY Slip Op 01625 [93 AD3d 434]
March 6, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


The People of the State of New York, Respondent,
v
Kevin Combs, Appellant.

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

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (James Yates, J.), rendered on or about July 29, 2008, and 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 hereby affirmed. Concur—Mazzarelli, J.P., Moskowitz, Acosta, Renwick and DeGrasse, JJ.

The decision and order of this Court entered herein on October 18, 2011 is hereby recalled and vacated (see 2012 NY Slip Op 66322[U] [decided simultaneously herewith]).