PEOPLE v. JOHNSON (2025)

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), imposed August 26, 2022, upon the granting of his motion pursuant to CPL 440.20 to set aside a sentence of the same court (Thaddeus Owens, J.) imposed February 18, 1987, upon his conviction of murder in the second degree (two counts), upon a jury verdict.

ORDERED that the resentence is affirmed.

The defendant's contention that he was entitled to an updated presentence investigation report is improperly raised for the first time in his reply brief and therefore not properly before this Court (see People v. Brown, 217 A.D.3d 681, 682, 190 N.Y.S.3d 455).  The issues raised with respect to the defendant's post-conviction motion pursuant to CPL 440.10 to vacate his judgment of conviction also are not properly before this Court, as he was denied leave to appeal from the order denying that motion (see People v. Lowe, 166 A.D.3d 901, 904, 88 N.Y.S.3d 214;  People v. Coleman, 125 A.D.3d 879, 881, 3 N.Y.S.3d 130).

The resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contention is without merit.

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.