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PEOPLE v. RICKENBACKER

182 A.D.2d 868 (1992)

The People of the State of New York, Respondent, v. Matthew Rickenbacker, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 2, 1992

Per Curiam.

The judgment should be affirmed. Defendant has failed to demonstrate that the sentence imposed by County Court was illegal as a matter of law or that it will not be honored by correctional authorities (see, Matter of Midgley v Smith, 63 A.D.2d 223). Should the latter be the case, defendant would have an adequate remedy in a proceeding under CPL article 440.

Ordered that the judgment...

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