Opinion
No. 2005-02918.
September 16, 2008.
Appeal by the defendant from an order of the County Court, Rockland County (Kelly, J.), dated February 17, 2005, which denied his motion, in effect, for resentencing.
Del Atwell, East Hampton, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Tina Guccione of counsel), for respondent
Before: Prudenti, P.J., Ritter, Florio and McCarthy, JJ.
Ordered that the order is affirmed.
Under the circumstances of this case, the County Court properly denied the defendant's motion, in effect, for resentencing ( see People v Utsey, 7 NY3d 398; People v Savage, 29 AD3d 1022; People v Goode, 25 AD3d 723).