Contracts · MBE-tested

The People of the State of New York, Respondent, v. Ruben Restrepo, Appellant

165 A.D.2d 838·New York Supreme Court, Appellate Division·1990·NY

Thompson, J. P., Brown, Balletta and Miller, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v Ruben Restrepo, Appellant. [MAJORITY] Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Starkey, J.), imposed June 8, 1988. Ordered that the sentence is affirmed. A fair reading of the sentence minutes does not support the defendant’s contention that the sentencing court improperly took into consideration a charge of which the defendant had been acquitted in imposing sentence (cf., People v Villanueva, 144 AD2d 285; People v Coward, 100 AD2d 628). Moreover, we conclude that the sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Brown, Balletta and Miller, JJ., concur.