People v. Orta

2022 NY Slip Op 03909
Appellate Division of the Supreme Court of the State of New York·Decided June 15, 2022·No. Ind. No. 4408/18·Published

Opinion

People v Orta (2022 NY Slip Op 03909)
People v Orta
2022 NY Slip Op 03909
Decided on June 15, 2022
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 15, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.

2019-14656
(Ind. No. 4408/18)

[*1]The People of the State of New York, respondent,

v

Marcial Orta, appellant.


Patricia Pazner, New York, NY (Meredith S. Holt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Alastair Allen on the memorandum), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Barry E. Warhit, J.), imposed December 11, 2019, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The sentence imposed was not unduly harsh or severe (see CPL 470.15[6][b]; People v Suitte , 90 AD2d 80).

DILLON, J.P., BRATHWAITE NELSON, CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court



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People v. Orta, 2022 NY Slip Op 03909 (N.Y. Ct. App. 2022).

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Related

People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)