Opinion
2019–01642 Ind. No. 619/18
10-12-2022
The PEOPLE, etc., 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.
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.
VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.
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 A.D.3d 1100, 132 N.Y.S.3d 654 ; People v. Patterson, 106 A.D.2d 520, 483 N.Y.S.2d 55 ). Moreover, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BRATHWAITE NELSON, J.P., RIVERA, MALTESE and GENOVESI, JJ., concur.