People v Herbert, 2019 NY Slip Op 02549 [171 AD3d 791]

April 3, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Antonio Herbert, Appellant.

Janet E. Sabel, New York, NY (Steven R. Berko of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Martin Murphy, J.), imposed February 29, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the defendant’s contention, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..