Opinion
195
February 18, 2003.
Judgment of resentence, Supreme Court, New York County (Paul Bookson, J. at jury trial and sentence, John Cataldo, J. at resentence) rendered January 4, 2001, convicting defendant of criminal sale of a controlled substance in the first degree, and resentencing him to a term of 17 years to life, unanimously affirmed.
HILARY HASSLER, for Respondent.
JULIE SENDER, for Defendant-Appellant.
MANNY CABASSA, Pro Se.
Before: Andrias, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.
Defendant's resentence was not based on any improper criteria and we perceive no basis for reducing it. The resentencing court properly exercised its discretion to consider reliable factual information derived from defendant's federal case, notwithstanding that his federal conviction was reversed on Fourth Amendment grounds (see United States v. Schipani, 435 F.2d 26 [2d Cir 1970]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.