Opinion
No. 570300/17
06-21-2023
The People of the State of New York, Respondent, v. Mamadou Ba, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Michael, James, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lyle E. Frank, J.), rendered April 27, 2017, convicting him, upon a plea of guilty, of unlicensed general vending, and sentencing him to a $500 fine. On a prior appeal, the judgment, as modified with respect to the surcharge, was affirmed by this Court (73 Misc.3d 148[A], 2022 NY Slip Op 50004[U]). By order dated March 21, 2023, the Court of Appeals reversed the judgment, insofar as appealed from, and remitted for a determination of whether defendant's sentence is unduly harsh or severe (People v Ba, 39 N.Y.3d 1130 [2023]).
Upon remittitur from the Court of Appeals (39 N.Y.3d 1130 [2023]), judgment of conviction (Lyle E. Frank, J.), rendered April 27, 2017, affirmed.
Upon remittitur, and upon due consideration of all the relevant factors and circumstances, we find that the sentence imposed was not unduly harsh or severe (see CPL 470.15[6][b]; People v Delgado, 80 N.Y.2d 780 [1992]).