The People, etc., respondent, v. Danny Ortiz, appellant. (2011)

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

The People, etc., respondent, v. Danny Ortiz, appellant.

2010–02154 (Ind.No. 2840 /02)

Decided: May 17, 2011

JOSEPH COVELLO, J.P. RANDALL T. ENG CHERYL E. CHAMBERS ROBERT J. MILLER, JJ.

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

Submitted—April 26, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed February 25, 2010, pursuant to CPL 440.46, after a hearing, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on November 26, 2002.

ORDERED that the resentence is affirmed.

Taking into account all of the relevant circumstances, the resentence imposed was not excessive (see People v. Benzeno, AD3d, 2011 N.Y. Slip Op 02893 [2d Dept 2011]; People v. Graves, 66 AD3d 1513, 1514; People v. Lara, 61 AD3d 894; People v. Almanzar, 43 AD3d 825, 826; see also People v. Suitte, 90 A.D.2d 80).

COVELLO, J.P., ENG, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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