Opinion
2014-03-12
The PEOPLE, etc., respondent, v. Cary R. ILIFF, appellant.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel; Sarah O'Brien on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel; Steven H. Ju on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel; Sarah O'Brien on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel; Steven H. Ju on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Mullings, J.), imposed September 24, 2012, upon his conviction of sexual abuse in the first degree, upon his plea of guilty, after remittitur from this Court for resentencing ( see People v. Iliff, 96 A.D.3d 974, 946 N.Y.S.2d 626), the resentence being a determinate term of imprisonment of five years and a period of postrelease supervision of five years, as a first-time felony offender.
ORDERED that the resentence is affirmed.
The defendant's contention that the Supreme Court failed to exercise its discretion at resentencing is unpreserved for appellate review ( see People v. Gary, 106 A.D.3d 932, 933, 964 N.Y.S.2d 656) and, in any event, without merit ( see People v. Nolcox, 40 A.D.3d 1128, 834 N.Y.S.2d 883;People v. Seymour, 21 A.D.3d 1292, 1293, 801 N.Y.S.2d 672;People v. Jennings, 8 A.D.3d 1067, 1068, 778 N.Y.S.2d 399;cf. People v. Farrar, 52 N.Y.2d 302, 437 N.Y.S.2d 961, 419 N.E.2d 864). Further, the resentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.