PEOPLE v. PARRILLA (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: Defendant appeals from a resentence upon his conviction of one count of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]), one count of criminal sale of a controlled substance in the third degree (§ 220.39 [1]), two counts of criminal possession of a controlled substance in the third degree (§ 220.16 [1]), two counts of criminal possession of a weapon in the second degree (§ 265.03 [3]), four counts of criminal possession of a weapon in the third degree (§ 265.02 [1], [8]), two counts of criminal possession of a firearm (§ 265.01-b [1]), and two counts of criminal possession of a controlled substance in the seventh degree (§ 220.03). Although defendant was originally sentenced on each of those counts following his plea of guilty, County Court thereafter resentenced him, more than 30 days after the original sentence, to amend the periods of postrelease supervision applicable to certain of the counts. Defendant's contentions on appeal regarding the original judgment are thus “ ‘not properly before us inasmuch as there is no notice of appeal from the original judgment in the record before us, nor is there otherwise any indication in the record that an appeal from that judgment was perfected’ ” (People v. Dexter, 71 A.D.3d 1504, 1504, 897 N.Y.S.2d 355 [4th Dept. 2010], lv denied 14 N.Y.3d 887, 903 N.Y.S.2d 775, 929 N.E.2d 1010 [2010]; see People v. Williams, 163 A.D.3d 1420, 1421, 80 N.Y.S.3d 814 [4th Dept. 2018]). Inasmuch as defendant does not raise any contentions regarding the resentence, we dismiss the appeal (see generally People v. Griffin, 151 A.D.3d 1824, 1825, 57 N.Y.S.3d 315 [4th Dept. 2017], lv denied 30 N.Y.3d 949, 67 N.Y.S.3d 133, 89 N.E.3d 523 [2017]).