Opinion
2014-09-24
The PEOPLE, etc., respondent, v. Rafael COSME, appellant.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J.), imposed January 23, 2013, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing ( see People v. Cosme, 99 A.D.3d 940, 952 N.Y.S.2d 269), the resentence being a determinate prison term of 12 years, to be followed by 5 years of postrelease supervision.
ORDERED that the resentence is affirmed.
The resentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.