The People, etc., respondent, v. Jesus Roman, appellant. (2011)

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

The People, etc., respondent, v. Jesus Roman, appellant.

2010–00784 (Ind.No. 6173 /01)

Decided: May 17, 2011

DANIEL D. ANGIOLILLO, J.P. THOMAS A. DICKERSON ARIEL E. BELEN SANDRA L. SGROI, JJ.

Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park of counsel; Marissa Prianti on the brief), for respondent.

Submitted—May 2, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Firetog, J.), imposed December 4, 2009, pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty.

ORDERED that the resentence is affirmed, without costs or disbursements.

We find no basis to disturb the resentence imposed (see CPL 440.46[3]; People v. Delgado, 80 N.Y.2d 780, 783; People v. Thompson, 60 N.Y.2d 513, 519; People v. Suitte, 90 A.D.2d 80, 85–86).

The People's remaining contention is unpreserved for appellate review.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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