Majority
p. 1057The People of the State of New York, Respondent, v Jamel Stevens, Appellant. [20 NYS3d 906]
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Del Giudice, J.), imposed April 30, 2014, upon his convictions of robbery in the first degree (two counts) and unlawful imprisonment, upon a jury verdict, after remittitur from this Court for resentencing (see People v Stevens, 114 AD3d 969 [2014]).
Ordered that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment from 22 years to 17 years; as so modified, the judgment is affirmed.
The defendant’s contention that he was penalized for exercising his right to trial is without merit (see People v Melendez, 71 AD3d 1166 , 1167 [2010]). The defendant’s contention that the
p. 1058
resentence constitutes cruel and unusual punishment is unpreserved for appellate review and is, in any event, without merit (see People v Gil, 109 AD3d 484 , 485 [2013]; People v Khan, 89 AD3d 750 , 751-752 [2011]). However, the resentence was excessive to the extent indicated herein. Balkin, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.
Cases cited
- People v. Stevens 114 AD3d 969 p. 1057
- People v. Melendez 71 AD3d 1166 at 1167 p. 1057
- People v. Khan 89 AD3d 750 at 751-752 p. 1058