The People, etc., respondent, v. Juan Ureña, appellant. (2011)

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

The People, etc., respondent, v. Juan Ureña, appellant.

2010–03775 (Ind.No. 4407 /96)

Decided: May 10, 2011

A. GAIL PRUDENTI, P.J. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON SHERI S. ROMAN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Submitted—April 21, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed March 26, 2010, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on June 25, 1997.

ORDERED that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of five years, with two years of postrelease supervision (see People v. Tutt, 82 AD3d 1273; People v. Newton, 48 AD3d 115, 119–120). Under the circumstances of this case, the resentence imposed was not excessive (see People v. Tutt, 82 AD3d 1273; People v. Almanzar, 43 AD3d 825, 826; People v. Suitte, 90 A.D.2d 80, 85).

PRUDENTI, P.J., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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