People v Alvarez (2009 NY Slip Op 00396)

People v Alvarez

2009 NY Slip Op 00396 [58 AD3d 747]

January 20, 2009

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 11, 2009

The People of the State of New York, Respondent,
v
German Alvarez, Appellant.

—[*1] Bruce R. Bekritsky, Mineola, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Valentina M. Tejera of counsel), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 19, 2005, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court imposed August 15, 2006 on the ground that the resentence was excessive.

Ordered that the judgment and the resentence are affirmed.

The defendant's only contention raised on these appeals, that the resentence was excessive, is without merit (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.