People v Serrano
2011 NY Slip Op 09681 [90 AD3d 1079]
December 27, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent,
v
William Serrano, Appellant.

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Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Suffolk County (J. Doyle, J.), imposed August 6, 2010, upon remittitur from this Court (see People v Serrano, 74 AD3d 1104 [2010]), on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]), and does not warrant a reduction as a matter of discretion in the interest of justice. Mastro, A.P.J., Angiolillo, Belen and Austin, JJ., concur.