People v Ortiz
2011 NY Slip Op 04277 [84 AD3d 1118]
May 17, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


The People of the State of New York, Respondent,
v
Danny Ortiz, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Bonnie H. Stein of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Bruce Alderman of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed February 25, 2010, pursuant to CPL 440.46, after a hearing, 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 November 26, 2002.

Ordered that the resentence is affirmed.

Taking into account all of the relevant circumstances, the resentence imposed was not excessive (see People v Benzeno, 83 AD3d 728 [2011]; People v Graves, 66 AD3d 1513, 1514 [2009]; People v Lara, 61 AD3d 894 [2009]; People v Almanzar, 43 AD3d 825, 826 [2007]; see also People v Suitte, 90 AD2d 80 [1982]). Covello, J.P., Eng, Chambers and Miller, JJ., concur.