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People v. Ragguete

144 A.D.3d 710 Court N.Y. App. Div. Decision date 2016-11-02 English

Judges Leventhal, J.P., Maltese, LaSalle and Brathwaite Nelson, JJ., concur.

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p. 710
The People of the State of New York, Respondent, v Enos Ragguete, Appellant.
[39 NYS3d 820]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (D’Emic, J.), rendered October 30, 2014, upon remittitur from this Court for resentencing after modification (see People v

p. 711
Ragguete, 120 AD3d 717 [2014]), upon his conviction of attempted assault in the first degree.

Ordered that the resentence is affirmed.

Contrary to the defendant’s contention, the resentence imposed upon remittitur was not excessive (see People v Suitte, 90 AD2d 80 [1982]; cf. People v Brown, 123 AD3d 1298 [2014]).

Leventhal, J.P., Maltese, LaSalle and Brathwaite Nelson, JJ., concur.

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