Opinion
2019–00927 2019–00938 Ind. No. 2133/17; S.C.I. No. 2038/18
12-16-2020
The PEOPLE, etc., respondent, v. Tilek WALKER, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Amanda E. Schaefer of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Amanda E. Schaefer of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
REINALDO E. RIVERA, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from a sentence and an amended sentence of the County Court, Suffolk County (Richard Ambro, J.), both imposed December 21, 2018, upon his pleas of guilty, on the ground that the sentence and amended sentence were excessive.
ORDERED that the sentence and amended sentence are affirmed.
As the defendant concedes, the sentence imposed upon his conviction of attempted robbery in the third degree is the minimum sentence permitted by law, and, therefore, this Court has no authority to reduce it as a matter of discretion in the interest of justice (see CPL 470.20[6] ; People v. Howard, 50 A.D.3d 823, 823, 854 N.Y.S.2d 776 ).
The amended sentence imposed upon the defendant's conviction of assault in the second degree, which was imposed upon the defendant's violation of probation, was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., BARROS, CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.