People v Davis
2011 NY Slip Op 03259 [83 AD3d 958]
April 19, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
Anthony Davis, Appellant.

—[*1] Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Tamara De Moor on the brief), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Guzman, J.), imposed February 17, 2010, after a hearing, pursuant to CPL 440.46, the resentence being a determinate prison term of 13 years followed by three years of postrelease supervision on his conviction of criminal possession of a controlled substance in the third degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Leventhal, Austin and Miller, JJ., concur.