Opinion
2012-07-18
The PEOPLE, etc., respondent, v. Henry LEYBA, appellant.
Marianne Karas, Thornwood, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.
Marianne Karas, Thornwood, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Westchester County (Neary, J.), dated August 5, 2009, pursuant to the Drug Law Reform Act of 2004 (L. 2004, ch. 738, § 23), imposed after a hearing, the resentence being concurrent determinate terms of imprisonment of 10 years and 5 years of postrelease supervision, upon his convictions of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, upon a jury verdict.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the resentence imposed by the Supreme Court was not excessive ( see People v. Gonzalez, 64 A.D.3d 789, 790, 882 N.Y.S.2d 904;People v. Lara, 61 A.D.3d 894, 876 N.Y.S.2d 880;People v. Bens, 61 A.D.3d 694, 875 N.Y.S.2d 903;People v. Auguste, 52 A.D.3d 619, 858 N.Y.S.2d 891;People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).