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People v. Fernandez-Vargas

Supreme Court of New York, Second Department

August 21, 2013

The People of the State of New York, respondent,
v.
Luis F. Fernandez-Vargas, appellant. (Ind. No. 2707-11)

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

RANDALL T. ENG, P.J., MARK C. DILLON, CHERYL E. CHAMBERS, LEONARD B. AUSTIN, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Kahn, J.), imposed April 5, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., DILLON, CHAMBERS and AUSTIN, JJ., concur.


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