Opinion
2004-553 S CR.
Decided March 25, 2005.
Appeal by defendant from a sentence of the Justice Court, Town of Southold, Suffolk County (W. Price, J.), imposed on April 2, 2004, on the ground of excessiveness.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
Sentence unanimously reversed as a matter of discretion in the interest of justice by vacating the sentence imposed and resentencing defendant to 3 years' probation with 30 days' incarceration as a condition of probation and to run concurrently therewith, and matter remanded to the court below to set the terms of probation.
Initially, it should be noted that since defendant's notice of appeal limits the scope of the appeal to the sentence, any issues raised regarding matters leading up to the sentence are not properly before this court ( see CPL 450.10; 450.30; Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL 450.10 at 665-666; see also People v. Popson, 262 AD2d 989, lv denied 93 NY2d 1025; People v. Wallace, 246 AD2d 676, lv denied 91 NY2d 945; People v. Stevens, 120 AD2d 553). As to the sentence, it is our opinion that, in light of the circumstances herein, including the recommendation of the Probation Department, the sentence should be reduced as above indicated.