Opinion
02-08-2017
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Marielle Burnett on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Marielle Burnett on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Balter, J.), imposed November 13, 2014, upon remittitur from this Court for resentencing after modification (see People v. Collins, 119 A.D.3d 956, 990 N.Y.S.2d 565 ) reducing his conviction of robbery in the first degree, upon a jury verdict, to a conviction of robbery in the first degree (see People v. Collins, 119 A.D.3d 956, 990 N.Y.S.2d 565 ).
ORDERED that the resentence is affirmed.
The resentence imposed was not excessive (see People v. Delgado, 80 N.Y.2d 780, 587 N.Y.S.2d 271, 599 N.E.2d 675 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., SGROI, LaSALLE and BARROS, JJ., concur.