Opinion
April 12, 1990
Appeal from the Supreme Court, New York County (Thomas B. Galligan, J.).
On an earlier appeal, this court modified the judgment, reducing the six robbery in the first degree convictions to robbery in the second degree, and remanded the matter for resentencing, deeming it appropriate that defendant be resentenced on all 27 counts. (People v. Hailey, 148 A.D.2d 327.) The sentencing court, after reviewing the submissions by both sides and hearing arguments, resentenced defendant to the same total prison term as in the original sentence, basing its resentence on the totality of the crimes. Defendant has failed to show, as argued, that the court was vindictive or abused its discretion in resentencing. (People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951.)
Concur — Kupferman, J.P., Sullivan, Rosenberger, Asch and Smith, JJ.