PEOPLE v. RODNEY (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: Defendant was convicted upon a jury verdict of six counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [1] [b]; [3]) and one count of murder in the second degree (Penal Law § 125.25 [1]). Defendant now appeals from a resentence pursuant to which County Court set aside the verdict with respect to all six counts of criminal possession of a weapon in the second degree inasmuch as defendant was not criminally responsible for those crimes by reason of infancy (CPL 310.85; Penal Law § 30.00), vacated the sentences imposed thereon, and resentenced defendant to an indeterminate term of 15 years to life imprisonment on his conviction of murder in the second degree. Inasmuch as “the resentence occurred more than 30 days after the original sentence and the only notice of appeal is from the resentence, defendant's appeal is from the resentence only” (People v. Coble, 17 A.D.3d 1165, 1165, 794 N.Y.S.2d 549 [4th Dept. 2005], lv denied 5 N.Y.3d 787, 801 N.Y.S.2d 807, 835 N.E.2d 667 [2005]; see CPL 450.30 [3]; People v. Shorter, 236 A.D.3d 1357, 1358, 228 N.Y.S.3d 832 [4th Dept. 2025], lv denied 43 N.Y.3d 1048, 236 N.Y.S.3d 648, 263 N.E.3d 906 [2025]; People v. Lett, 42 A.D.3d 970, 970, 838 N.Y.S.2d 844 [4th Dept. 2007], lv denied 9 N.Y.3d 962, 848 N.Y.S.2d 31, 878 N.E.2d 615 [2007]). 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 ․, 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. Parrilla, 227 A.D.3d 1419, 1419, 209 N.Y.S.3d 692 [4th Dept. 2024]; 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 People v. Lewis, 232 A.D.3d 1316, 1316, 220 N.Y.S.3d 557 [4th Dept. 2024]; Parrilla, 227 A.D.3d at 1419-1420, 209 N.Y.S.3d 692).