People v Tutt
2011 NY Slip Op 02711 [82 AD3d 1273]
March 29, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent,
v
Vic Tutt, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Larrie A. Zinno on the brief), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Griffin, J.), imposed January 28, 2010, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon his plea of guilty, on March 12, 2001.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of nine years, with three years of postrelease supervision (see People v Newton, 48 AD3d 115, 119-120 [2007]). Under the circumstances of this case, a further reduction of the defendant's sentence is not warranted (see People v Medina, 81 AD3d 853 [2011]; People v Schreter, 50 AD3d 930 [2008]; People v Almanzar, 43 AD3d 825, 826 [2007]; People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Dillon, Hall and Roman, JJ., concur.