PEOPLE v. VINENT (2025)

Appeal from judgment of resentence, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered October 7, 2016, resentencing defendant, upon his conviction of criminal possession of a weapon in the third degree, to a jail term of 364 days, unanimously dismissed.

Defendant's argument that his conviction of criminal possession of a weapon in the third degree should be vacated and dismissed in light of the 2019 amendment of Penal Law § 265.01(1) to remove possession of a gravity knife as grounds for conviction exceeds this Court's jurisdiction on appeal from a judgment of resentencing.  As we stated in (People v. Golb, 126 A.D.3d 401, 402, 5 N.Y.S.3d 46 [1st Dept. 2015], lv denied 26 N.Y.3d 929, 17 N.Y.S.3d 92, 38 N.E.3d 838 [2015]), “[u]nder CPL 450.30(3), an appeal ‘from a resentence following an order vacating the original sentence,’ is considered an ‘appeal from a sentence[,]’ ․ which may be based only ‘upon the ground that such sentence either was (a) invalid as a matter of law, or (b) harsh or excessive.’ ”  Because defendant raises no claim that may be reviewed on appeal from a judgment of resentence, we dismiss the appeal.