People v DeLuna
2012 NY Slip Op 04819 [96 AD3d 524]
June 14, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


The People of the State of New York, Respondent,
v
Alberto DeLuna, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Upon remittitur from the Court of Appeals (19 NY3d 842 [2012]) judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered on or about February 23, 2010, unanimously affirmed.

We find that the sentence was not excessive. Concur—Andrias, J.P., Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.