People v Hardin, 2021 NY Slip Op 00863 [191 AD3d 800]

February 10, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Zestra Hardin, Appellant.

Janet E. Sabel, New York, NY (Simon Greenberg of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gia L. Morris, J.), imposed March 27, 2018, upon his plea of guilty, on the ground that the sentence was excessive. By decision and order dated November 27, 2019, this Court affirmed the sentence ( see People v Hardin , 177 AD3d 1001 [2019]). On December 15, 2020, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of issues raised but not determined on the appeal to this Court ( see People v Bisono , — NY3d —, 2020 NY Slip Op 07484 [2020]). Justice LaSalle has been substituted for former Justice Roman ( see 22 NYCRR 1250.1 [b]).

Ordered that, upon remittitur from the Court of Appeals, the sentence is affirmed.

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Austin, LaSalle and Christopher, JJ., concur..