Opinion
1999-05458, 2001-02838
Submitted October 1, 2002.
October 28, 2002.
Appeal by the defendant (1), as limited by his brief, from a sentence of the Supreme Court, Kings County (Gerges, J.), imposed May 25, 1999, and (2), by permission, from an order of the same court, dated February 13, 2001, which denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction.
Andrew C. Fine, New York, N.Y. (Judith Preble and Heidi Bota of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the appeal from the order is dismissed as withdrawn; and it is further,
ORDERED that the sentence is affirmed.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.