People v. Roman — 84 A.D.3d 1120

Majority

p. 1120

The People of the State of New York, Respondent, v Jesus Roman, Appellant.

[923 NYS2d 850]

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Firetog, J.), imposed December 4, 2009, pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree, upon his plea of guilty.

Ordered that the resentence is affirmed, without costs or disbursements.

We find no basis to disturb the resentence imposed (see CPL 440.46 [3]; People v Delgado, 80 NY2d 780 , 783 [1992]; People v Thompson, 60 NY2d 513 , 519 [1983]; People v Suitte, 90 AD2d 80 , 85-86 [1982]).

The People’s remaining contention is unpreserved for appellate review. Angiolillo, J.P., Dickerson, Belen and Sgroi, JJ., concur.

Cases cited

People v. Delgado 80 NY2d 780 N.Y. 1992-06-04 at 783 p. 1120
People v. Thompson 60 NY2d 513 N.Y. 1983-12-15 at 519 p. 1120
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 at 85-86 p. 1120