Judges: Carni, Curran, Lindley, Smith, Troutman
Filed Date: 4/29/2016
Status: Precedential
Modified Date: 11/1/2024
Appeal from a resentence of the Steuben County Court (Marianne Furfure, A.J.), rendered July 8, 2014. Defendant was resentenced upon his conviction of murder in the second degree, criminal contempt in the first degree (two counts), aggravated criminal contempt, and offering a false instrument for filing in the first degree.
It is hereby ordered that the resentence so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a resentence upon
Defendant’s contentions concerning the assistance of counsel provided at trial are not reviewable on appeal from the resentence (see People v Smith, 21 AD3d 1360, 1360 [2005]; People v Coble, 17 AD3d 1165, 1165 [2005], lv denied 5 NY3d 787 [2005]; People v Luddington, 5 AD3d 1042, 1042 [2004], lv denied 3 NY3d 643 [2004]). Finally, we reject defendant’s contention that he was denied effective assistance of counsel at the resentencing proceeding (see Brooks, 37 AD3d at 1057; see generally People v Baldi, 54 NY2d 137, 147 [1981]).