Opinion
2015-10971
02-22-2017
The People of the State of New York, respondent, v. Davon Battee, appellant.
Lynn W. L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the memorandum), for respondent.
LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. (Ind. No. 2287/99)
Lynn W. L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the memorandum), for respondent.
DECISION & ORDER
Appeal by defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed on October 2, 2015, on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
The resentence imposed was not excessive (see People v Delgado, 80 NY2d 780, 783; People v Suitte, 90 AD2d 80, 85-86).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court