People v Colina
2008 NY Slip Op 02005 [49 AD3d 300]
March 6, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Sandro Colina, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York City (Amy Donner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sara M. Zausmer of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 27, 2004, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him, as a second felony offender, to a term of 8 to 16 years, and judgment, same court and Justice, rendered July 29, 2004, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a concurrent term of eight years to life, unanimously affirmed. Order, same court and Justice, entered on or about June 2, 2006, which specified and informed defendant that the court would resentence defendant to a term of 7½ years for his conviction of attempted criminal possession of a controlled substance in the second degree, unanimously affirmed, and the matter remitted to Supreme Court, New York County, for further proceedings upon defendant's application for resentencing.

We perceive no basis for reducing the sentences or the proposed resentence. Concur—Mazzarelli, J.P., Saxe, Gonzalez and Acosta, JJ.