People v. Soto

174 N.Y.S.3d 880, 2022 NY Slip Op 05721

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 12, 2022
• Docket: Ind. No. 619/18
• Status: Published

Opinion

People v Soto (2022 NY Slip Op 05721)

People v Soto

2022 NY Slip Op 05721

Decided on October 12, 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 October 12, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
REINALDO E. RIVERA
JOSEPH J. MALTESE
LARA J. GENOVESI, JJ.

2019-01642
(Ind. No. 619/18)

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

v

Bernardo Soto, appellant.

Patricia Pazner, New York, NY (Ryan Miller of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Morgan J. Dennehy of counsel; Jong Hwa Ryu 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 (Vincent M. Del Giudice, J.), imposed December 3, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record does not establish that the Supreme Court impermissibly increased his punishment solely for asserting his right to proceed with a suppression hearing (see People v Mendez, 188 AD3d 1100; People v Patterson, 106 AD2d 520). Moreover, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

BRATHWAITE NELSON, J.P., RIVERA, MALTESE and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court