8939. PEOPLE, res, v. SHAHE CROSS, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Joseph M. Nursey of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel), for res — An appeal having been taken to this Court by the abovenamed appellant from an order of the Supreme Court, New York County (Edward J. McLaughlin, J.), rendered on or about September 20, 2010,

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

Counsel for appellant is referred to§606.5, Rules of the Appellate