| People v Gardner |
| 2013 NY Slip Op 01331 [103 AD3d 595] |
| February 28, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v James Gardner, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey 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 (Robert Stolz, J., at plea; Patricia Nunez, J., at sentencing), rendered on or about August 10, 2011, 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. Concur—Tom, J.P., Sweeny, Renwick, Abdus-Salaam and Manzanet-Daniels, JJ.