Opinion
8299 Ind. 1348/06
01-31-2019
The PEOPLE of the State of New York, Respondent, v. Albert JAVIER, Defendant–Appellant.
Justine M. Luongo, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Justine M. Luongo, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
We previously directed a further resentencing ( 128 A.D.3d 494, 10 N.Y.S.3d 15 [1st Dept. 2015], lv denied 26 N.Y.3d 968, 18 N.Y.S.3d 605, 40 N.E.3d 583 [2015] ) on the ground that defendant's 2011 Drug Law Reform Act resentencing was improper with regard to concurrent and consecutive sentences (see People v. Norris, 20 N.Y.3d 1068, 964 N.Y.S.2d 67, 986 N.E.2d 901 [2013] ). On remand, the court imposed a resentence that is still defective under Norris as to counts 24 and 25 of the indictment. Accordingly, another resentencing on those counts is required. However, the record refutes defendant's remaining contention that, at the 2011 resentencing, the court failed to impose any sentence on count 24.