People v Herrington, 2020 NY Slip Op 01930 [181 AD3d 822]

March 18, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Tremell V. Herrington, Appellant.

Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

Appeals by the defendant, as limited by his motion, from (1) a sentence of the County Court, Dutchess County (Peter M. Forman, J.), imposed March 6, 2018, upon his plea of guilty, and (2) an amended sentence of the same court imposed March 20, 2018, on the ground that the sentence and the amended sentence were excessive.

Ordered that the appeal from the sentence is dismissed, as that sentence was superseded by the amended sentence; and it is further, Ordered that the amended sentence is affirmed.

The amended sentence was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur..