Hyperlawhypertext legal database People v. Fields 79 A.D.3d 1147

← Cases

People v. Fields

79 A.D.3d 1147 Court N.Y. App. Div. Decision date 2010-12-28 English

Contents

Majority

p. 1147
The People of the State of New York, Respondent, v Mark Fields, Appellant.
[913 NYS2d 568]

Appeal by the defendant from a resentence of the County Court, Westchester County (Capeci, J.), imposed March 3, 2010, which, upon his conviction of burglary in the second degree, upon his plea of guilty, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on November 4, 1999.

Ordered that the resentence is affirmed.

On this appeal from a resentence, the defendant claims that his underlying plea was invalid and should be vacated. That

p. 1148
claim may not be raised on this appeal from the resentence only (see CPL 450.30 [3]; People v Ferrufino, 33 AD3d 623 [2006]; People v Luddington, 5 AD3d 1042 , 1042-1043 [2004]; People v Jordan, 65 AD3d 428 , 429 [2009], Iv granted 13 NY3d 908 [2009]; People v DeSpirito, 27 AD3d 479 [2006]).

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

The defendant’s remaining contentions are without merit (see People v Young, 78 AD3d 744 [2010]; People v Allen, 66 AD3d 792 , 793 [2009]; People v Bowman, 65 AD3d 636 [2009]; People v Edwards, 62 AD3d 467 , 468 [2009]). Prudenti, P.J., Florio, Balkin and Leventhal, JJ., concur.

Cases cited