From Casetext: Smarter Legal Research

People v. Roman

Appellate Division of the Supreme Court of New York, Second Department
May 17, 2011
84 A.D.3d 1120 (N.Y. App. Div. 2011)

Opinion

No. 2010-00784.

May 17, 2011.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Firetog, J.), imposed December 4, 2009, pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty.

Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Marissa Prianti on the brief), for respondent.

Before: Angiolillo, J.P., Dickerson, Belen and Sgroi, JJ.


Ordered that the resentence is affirmed, without costs or disbursements.

We find no basis to disturb the resentence imposed ( see CPL 440.46; People v Delgado, 80 NY2d 780, 783; People v Thompson, 60 NY2d 513, 519; People v Suitte, 90 AD2d 80, 85-86).

The People's remaining contention is unpreserved for appellate review.


Summaries of

People v. Roman

Appellate Division of the Supreme Court of New York, Second Department
May 17, 2011
84 A.D.3d 1120 (N.Y. App. Div. 2011)
Case details for

People v. Roman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS ROMAN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 17, 2011

Citations

84 A.D.3d 1120 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4281
923 N.Y.S.2d 850

Citing Cases

People v. Taylor

The resentence imposed was not excessive (seePeople v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). The People's…

People v. Taylor

The People's contention that the defendant was not entitled to a plenary resentence was never presented to…