The People, etc., respondent, v. Cary R. Iliff, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Cary R. Iliff, appellant.

2012–09185 (Ind.No. 11/09)

Decided: March 12, 2014

RANDALL T. ENG, P.J. RUTH C. BALKIN SANDRA L. SGROI JEFFREY A. COHEN, JJ. Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel;  Sarah O'Brien on the brief), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Anastasia Spanakos of counsel;  Steven H. Ju on the brief), for respondent.

Submitted—January 28, 2014

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Mullings, J.), imposed September 24, 2012, upon his conviction of sexual abuse in the first degree, upon his plea of guilty, after remittitur from this Court for resentencing (see People v. Iliff, 96 AD3d 974), the resentence being a determinate term of imprisonment of five years and a period of postrelease supervision of five years, as a first-time felony offender.

ORDERED that the resentence is affirmed.

The defendant's contention that the Supreme Court failed to exercise its discretion at resentencing is unpreserved for appellate review (see People v. Gary, 106 AD3d 932, 933) and, in any event, without merit (see People v. Nolcox, 40 AD3d 1128;  People v. Seymour, 21 AD3d 1292, 1293;  People v. Jennings, 8 AD3d 1067, 1068;  cf.  People v. Farrar, 52 N.Y.2d 302).   Further, the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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