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PEOPLE v. HYMES

2017-10081. Ind. No. 1841/15.

193 A.D.3d 975 (2021)

146 N.Y.S.3d 660

2021 NY Slip Op 02412

The People of the State of New York, Respondent, v. John Hymes, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 21, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY (David Crow and Dechert LLP [ Douglas W. Dunham , Ellen P. Quackenbos , and Daniel Goldberg-Gradess ], of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , and Jie Gao of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Wooten, JJ., concur.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing before a different Justice.

The defendant's arguments as to the legal sufficiency of the evidence are unpreserved for appellate review (see People v Hawkins, ...

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