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People v. Stewart

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2020
188 A.D.3d 932 (N.Y. App. Div. 2020)

Opinion

2018–05306 Ind. No. 3391/16

11-12-2020

The PEOPLE, etc., respondent, v. Ricardo STEWART, appellant.

Janet E. Sabel, New York, N.Y. (Rachel L. Pecker of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.


Janet E. Sabel, New York, N.Y. (Rachel L. Pecker of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Martin P. Murphy, J.), imposed January 29, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant has completed the term of imprisonment imposed and, thus, his contention that this portion of the sentence was excessive has been rendered academic (see People v. Worrell, 158 A.D.3d 828, 828, 68 N.Y.S.3d 915 ; People v. Stockinger, 131 A.D.3d 550, 551, 14 N.Y.S.3d 712 ). The period of postrelease supervision imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Stewart

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 12, 2020
188 A.D.3d 932 (N.Y. App. Div. 2020)
Case details for

People v. Stewart

Case Details

Full title:The People of the State of New York, respondent, v. Ricardo Stewart…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 12, 2020

Citations

188 A.D.3d 932 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 6560
132 N.Y.S.3d 325

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