PEOPLE v. ARBOLEDA (2018)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Amlicar ARBOLEDA, Defendant-Appellant.

570455 /17

Decided: November 19, 2018

PRESENT: Shulman, P.J., Ling-Cohan, Gonzalez, JJ.

Judgment of resentence (Steven J. Hornstein, J.), rendered June 20, 2017, affirmed.

Where “a resentence occurs more than thirty days after the original sentence, a defendant who has not previously filed a notice of appeal from the judgment may not appeal from the judgment, but only from the resentence” (CPL 450.30[3] ). Here, defendant has only appealed from the June 2017 judgment resentencing him. As a result, defendant is jurisdictionally foreclosed from raising issues related to his original (March 2015) judgment of conviction (see People v. Jordan, 16 NY3d 845, 846 [2011]; People v. Golb, 126 AD3d 401, 402 [2015], lv denied 26 NY3d 929 [2015]; People v. Ramos, 105 AD3d 684, 685 [2013], lv denied 21 NY3d 1045 [2013] ). Since defendant has not demonstrated any basis for reversal or modification of the judgment of resentence, that judgment is affirmed (see People v. McBryde, 96 AD3d 1085 [2012] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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