Opinion
Motion No: 2009-01523 Ind. No. 436/08 M134195
03-02-2012
The People, etc., respondent, v. Ricardo Walters, appellant.
, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Nassau County, rendered January 13, 2009, which was determined by decision and order of this Court dated December 20, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the decision and order of this Court dated December 20, 2011, is amended by deleting from the final paragraph thereof the words "The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80)," and substituting therefor the words "The defendant's contention that the sentencing court improperly relied on uncharged and unproven allegations is unpreserved for appellate review (see CPL 470.05[2]), and, in any event, is without merit (see People v Hansen, 99 NY2d 339, 345-346; People v Baez, 52 AD3d 840."
DILLON, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court