People v Walters, Ricardo

Motion No: 2009-01523

Slip Opinion No: 2012 NY Slip Op 66225(U)

Decided on March 2, 2012

Appellate Division, Second Department, Motion Decision

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M134195

T/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2009-01523 The People, etc., respondent, v Ricardo Walters, appellant. (Ind. No. 436/08)

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