The People, etc., respondent, v. Vic Tutt, appellant.

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

The People, etc., respondent, v. Vic Tutt, appellant.

2010–01294 (Ind.No. 10138/00)

Decided: March 29, 2011

REINALDO E. RIVERA, J.P. MARK C. DILLON L. PRISCILLA HALL SHERI S. ROMAN, JJ. Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel;  Larrie A. Zinno on the brief), for respondent.

Submitted—February 24, 2011


Appeal by the defendant from a resentence of the Supreme Court, Queens County (Griffin, J.), imposed January 28, 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 his plea of guilty, on March 12, 2001.

ORDERED that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of nine years, with three years of postrelease supervision (see People v. Newton, 48 AD3d 115, 119–120).   Under the circumstances of this case, a further reduction of the defendant's sentence is not warranted (see People v. Medina, 81 AD3d 853;  People v. Schreter, 50 AD3d 930;  People v. Almanzar, 43 AD3d 825, 826;  People v. Suitte, 90 A.D.2d 80).

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.


Matthew G. Kiernan

Clerk of the Court

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