Opinion
2001-11043, 2003-02512
Submitted August 29, 2003.
October 6, 2003.
Appeals by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed October 11, 2001, and a resentence of the same court imposed March 6, 2002, on the ground that the sentence and the resentence are excessive.
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Douglas A. Spencer of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal from the sentence is dismissed, as the sentence was superseded by the resentence; and it is further,
ORDERED that the resentence is affirmed. No opinion.
SANTUCCI, J.P., SMITH, FRIEDMANN and ADAMS, JJ., concur.