People v Caldwell, 2011 NY Slip Op 05192 [85 AD3d 552]

June 16, 2011

Appellate Division, First Department

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Steven Banks, The Legal Aid Society, New York (Adrienne M. Gantt of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (James A. Yates, J., at plea; Daniel Fitzgerald, J., at sentencing), rendered on or about July 2, 2009, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur—Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ.