People v Montalvo
2018 NY Slip Op 04829 [162 AD3d 594]
June 28, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 The People of the State of New York, Respondent,
v
Javier Montalvo, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Paul Weiner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin 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 (Charles Solomon, J.), rendered November 29, 2016, 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—Acosta, P.J., Sweeny, Webber, Kahn, Oing, JJ.