The People, etc., respondent, v. Dujuan Marshall, appellant. (2026)

Submitted—April 29, 2026

DECISION & ORDER

O/

Appeal by the defendant from a resentence of the County Court, Dutchess County (Edward T. McLoughlin, J.), imposed October 6, 2023, upon the granting of his motion pursuant to CPL 440.20 to set aside a sentence of the same court imposed January 24, 2022, upon his conviction of criminal possession of a controlled substance in the second degree, upon his plea of guilty.

ORDERED that the resentence is affirmed.

The defendant's contention that the County Court improperly resentenced him without obtaining an updated presentence report is unpreserved for appellate review (see CPL 470.05[2];  People v. Saunders, 219 AD3d 759, 759–760;  People v. Houston P.B., 157 AD3d 712, 713) and, in any event, without merit (see People v. Kuey, 83 N.Y.2d 278, 282;  People v. Saunders, 219 AD3d at 760).

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel at resentencing (see Strickland v. Washington, 466 U.S. 668;  People v. Benevento, 91 N.Y.2d 708).

The defendant's remaining contentions are without merit.

BRATHWAITE NELSON, J.P., WOOTEN, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court