Opinion
570455/17
11-19-2018
The PEOPLE of the State of New York, Respondent, v. Amlicar ARBOLEDA, Defendant-Appellant.
Per Curiam.
Judgment of resentence (Steven J. Hornstein, J.), rendered June 20, 2017, affirmed.
Where "a resentence occurs more than thirty days after the original sentence, a defendant who has not previously filed a notice of appeal from the judgment may not appeal from the judgment, but only from the resentence" ( CPL 450.30[3] ). Here, defendant has only appealed from the June 2017 judgment resentencing him. As a result, defendant is jurisdictionally foreclosed from raising issues related to his original (March 2015) judgment of conviction (see People v. Jordan , 16 NY3d 845, 846 [2011] ; People v. Golb , 126 AD3d 401, 402 [2015], lv denied 26 NY3d 929 [2015] ; People v. Ramos , 105 AD3d 684, 685 [2013], lv denied 21 NY3d 1045 [2013] ). Since defendant has not demonstrated any basis for reversal or modification of the judgment of resentence, that judgment is affirmed (see People v. McBryde , 96 AD3d 1085 [2012] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.