The People, etc., respondent, v. Anthony Davis, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Anthony Davis, appellant.

2010–01704 (Ind.No. 13077 /96)

Decided: April 19, 2011

PETER B. SKELOS, J.P. JOHN M. LEVENTHAL LEONARD B. AUSTIN ROBERT J. MILLER, JJ.

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Tamara De Moor on the brief), for respondent.

Submitted—March 21, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Guzman, J.), imposed February 17, 2010, after a hearing, pursuant to CPL 440.46, the resentence being a determinate prison term of 13 years followed by three years of postrelease supervision on his conviction of criminal possession of a controlled substance in the third degree, upon a jury verdict.

ORDERED that the resentence is affirmed.

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

SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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