People v DiTucci
2011 NY Slip Op 00812 [81 AD3d 1250]
February 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 30, 2011


The People of the State of New York, Respondent, v David J. DiTucci, Appellant. (Appeal No. 2.)

—[*1] Frank A. Aloi, Rochester, for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for respondent.

Appeal from a resentence of the Monroe County Court (Elma A. Bellini, J.), rendered August 8, 2008. Defendant was resentenced to a determinate term of six years with five years postrelease supervision upon his conviction of assault in the second degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v DiTucci (81 AD3d 1249 [2011]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.