Opinion
2019-03799 Ind. 2068/17
06-30-2021
The People, etc., respondent, v. Amin Laboriel, appellant.
Paul Skip Laisure, New York, NY (Lisa Napoli of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.
Submitted - January 20, 2021
D66852 G/afa
Motion by the defendant for leave to reargue the defendant's appeal, as limited by his motion, from a sentence of the Supreme Court, Queens County, imposed March 6, 2019, which was determined by decision and order of this Court dated February 10, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and, upon reargument, the decision and order of this Court dated February 10, 2021 (People v Laboriel, 191 A.D.3d 802) in the above-entitled action is recalled and vacated, and the following decision and order is substituted therefor:
Paul Skip Laisure, New York, NY (Lisa Napoli of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO ROBERT J. MILLER COLLEEN D. DUFFY PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Richard L. Buchter, J.), imposed March 6, 2019, upon his plea of guilty, on the grounds that the sentence was illegal and excessive.
ORDERED that the sentence is affirmed.
The sentence imposed was not illegal (see People ex rel Johnson v Superintendent, Adirondack Corr. Facility, 36 N.Y.3d 187; People ex rel. McCurdy v Warden, Westchester County Corr. Facility, 36 N.Y.3d 251) or excessive (see People v Suitte, 90 A.D.2d 80). To the extent that the defendant challenges the validity of his plea of guilty, this contention is improperly raised on this excessive sentence appeal (see 22 NYCRR 670.11[b]).
LASALLE, P.J., MASTRO, MILLER, DUFFY and WOOTEN, JJ., concur