Opinion
2013-11-27
The PEOPLE, etc., respondent, v. Christopher McGHEE, appellant.
Arza Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.
Arza Feldman, Uniondale, N.Y., for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Suffolk County (Efman, J.), imposed August 8, 2012, upon his conviction of attempted burglary in the second degree, upon his plea of guilty, the resentence being a determinate term of imprisonment of five years followed by a period of five years of postrelease supervision.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in resentencing him without first ordering an updated presentence investigation report, since he had been continually incarcerated between the initial sentencing and resentencing, and he was afforded the opportunity to provide the Supreme Court with additional information relevant to sentencing ( see People v. Kuey, 83 N.Y.2d 278, 282–283, 609 N.Y.S.2d 568, 631 N.E.2d 574; People v. Watkins, 71 A.D.3d 799, 799, 895 N.Y.S.2d 749; People v. McFadden, 6 A.D.3d 461, 462, 773 N.Y.S.2d 884; see also People v. Camino, 105 A.D.3d 1055, 1056, 963 N.Y.S.2d 591; People v. McGinn, 96 A.D.3d 977, 977, 946 N.Y.S.2d 489; People v. Gledhill, 91 A.D.3d 886, 886, 936 N.Y.S.2d 916; People v. Mannina, 89 A.D.3d 1038, 1039, 933 N.Y.S.2d 570).
The defendant's remaining contention is without merit. DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.