People v Mendoza, 2021 NY Slip Op 07318 [200 AD3d 1018]

December 22, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eugene Mendoza, Appellant.

Patricia Pazner, New York, NY (Alice R.B. Cullina of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni Piplani of counsel; Manipal Singh on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from four sentences of the Supreme Court, Queens County (Gia L. Morris, J., at pleas; Eugene M. Guarino, J., at sentences), all imposed April 18, 2018, upon his pleas of guilty, on the ground that the sentences were excessive. By decision and order dated November 13, 2019, this Court affirmed the sentences ( see People v Mendoza , 177 AD3d 773 [2019]). On November 18, 2021, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the defendant’s excessive sentence claim ( see People v Mendoza , 37 NY3d 1075 [2021]).

Ordered that, upon remittitur from the Court of Appeals, the sentences are affirmed.

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