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People v. Rose

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 18, 2020
2020 N.Y. Slip Op. 1935 (N.Y. App. Div. 2020)

Opinion

2017-00201

03-18-2020

The People of the State of New York, respondent, v. Roosevelt Rose, appellant.

Paul Skip Laisure, New York, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.


JOSEPH J. MALTESE BETSY BARROS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ. (Ind. No. 3045/11)

Paul Skip Laisure, New York, NY, for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano and Johnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Barry Kron, J.), imposed December 1, 2016, after remittitur from this Court for resentencing (see People v Rose, 142 AD3d 1110), on the ground that the resentence was excessive.

ORDERED that the resentence is affirmed.

The defendant has completed the term of imprisonment imposed, and thus, his contention that this portion of the sentence was excessive has been rendered academic (see People v Worrell, 158 AD3d 828; People v Stockinger, 131 AD3d 550, 551). Contrary to the defendant's contention, the period of postrelease supervision imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Rose

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 18, 2020
2020 N.Y. Slip Op. 1935 (N.Y. App. Div. 2020)
Case details for

People v. Rose

Case Details

Full title:The People of the State of New York, respondent, v. Roosevelt Rose…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 18, 2020

Citations

2020 N.Y. Slip Op. 1935 (N.Y. App. Div. 2020)