People v Soto, 2022 NY Slip Op 05721 [209 AD3d 772]

October 12, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Bernardo Soto, Appellant.

Patricia Pazner, New York, NY (Ryan Miller of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Morgan J. Dennehy of counsel; Jong Hwa Ryu on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), imposed December 3, 2018, 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 record does not establish that the Supreme Court impermissibly increased his punishment solely for asserting his right to proceed with a suppression hearing ( see People v Mendez , 188 AD3d 1100 [2020]; People v Patterson , 106 AD2d 520 [1984]). Moreover, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Brathwaite Nelson, J.P., Rivera, Maltese and Genovesi, JJ., concur..