DATE: 20041110

DOCKET: C41953

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and- NIKOLA DJURDEVIC (Applicant/Appellant)

BEFORE:

CATZMAN, LASKIN and BLAIR JJ.A.

COUNSEL:

Howard C. Rubel

for the appellant

Deborah Krick

for the respondent

HEARD AND ENDORSED:

November 9, 2004

On appeal from the conviction entered by Justice Peter A. Grossi of the Superior Court of Justice, sitting without a jury, on April 2, 2004 and from the sentence imposed by Justice Grossi on June 7, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] Notwithstanding Mr. Rubel’s capable submissions, we are not persuaded that the sentencing judge made any error in the sentence he imposed that would warrant or justify appellate intervention.

[2] Leave to appeal against sentence is granted but the appeal against sentence is dismissed.