Opinion
11-02-2016
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (D'Emic, J.), rendered October 30, 2014, upon remittitur from this Court for resentencing after modification (see People v.
Ragguete, 120 A.D.3d 717, 991 N.Y.S.2d 131 ), upon his conviction of attempted assault in the first degree.
ORDERED that the resentence is affirmed.
Contrary to the defendant's contention, the resentence imposed upon remittitur was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ; cf. People v. Brown, 123 A.D.3d 1298, 999 N.Y.S.2d 242 ).
LEVENTHAL, J.P., MALTESE, LaSALLE and BRATHWAITE NELSON, JJ., concur.