PEOPLE v. VARGAS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Deborah Stevens Modica, J.), rendered November 17, 2017, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.  By decision and order dated December 28, 2022, this Court reversed the judgment and ordered a new trial (see People v. Vargas, 211 A.D.3d 1046, 180 N.Y.S.3d 299).  On June 13, 2024, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on appeal to this Court (see People v. Vargas, 42 N.Y.3d 983, 220 N.Y.S.3d 679, 245 N.E.3d 1128).  Justice Warhit has been substituted for former Justice Zayas (see 22 NYCRR 1250.1[b]).

ORDERED that, upon remittitur from the Court of Appeals, the judgment is affirmed.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

To the extent the defendant challenges a sua sponte objection made and curative instructions given by the trial court during defense counsel's summation, his contention is unpreserved for appellate review (see CPL 470.05[2]).

The defendant's remaining contentions are without merit.

DILLON, J.P., DOWLING, WARHIT and WAN, JJ., concur.