People v Malone, 2022 NY Slip Op 03907 [206 AD3d 825]

June 15, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Sean Malone, Appellant.

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn of counsel; Victoria Randall on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (John F. Zoll, J.), imposed January 31, 2020, 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 portion of the sentence imposing a period of three years’ probation was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Connolly, J.P., Rivera, Miller and Ford, JJ., concur..