People v. Alleyne ( 2016 )

People v Alleyne (2016 NY Slip Op 05718)

People v Alleyne

2016 NY Slip Op 05718

Decided on August 3, 2016

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 3, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.

2015-01000
(Ind. No. 5222/09)

[*1]The People of the State of New York, respondent,

v

David Alleyne, appellant.

Lynn W. L. Fahey, New York, NY (Nao Terai of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Gregory Musso on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Guzman, J.), imposed November 25, 2014, on the ground that the resentence was excessive.

ORDERED that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte , 90 AD2d 80).

ENG, P.J., CHAMBERS, AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court