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People v. Cosme

120 A.D.3d 1428 Court N.Y. App. Div. Decision date 2014-09-24 English

Judges Balkin, J.E, Leventhal, Maltese and Barros, JJ., concur.

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p. 1428
The People of the State of New York, Respondent, v Rafael Cosme, Appellant.
[992 NYS2d 442]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J.), imposed January 23, 2013, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing {see People v Cosme, 99 AD3d 940 [2012]), the resentence being a determinate prison term of 12 years, to be followed by five years of postrelease supervision.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Balkin, J.E, Leventhal, Maltese and Barros, JJ., concur.

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