People v Leyba
2012 NY Slip Op 05656 [97 AD3d 765]
July 18, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


The People of the State of New York, Respondent,
v
Henry Leyba, Appellant.

[*1] Marianne Karas, Thornwood, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Westchester County (Neary, J.), dated August 5, 2009, pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), imposed after a hearing, the resentence being concurrent determinate terms of imprisonment of 10 years and five years of postrelease supervision, upon his convictions of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, upon a jury verdict.

Ordered that the resentence is affirmed.

Contrary to the defendant's contention, the resentence imposed by the Supreme Court was not excessive (see People v Gonzalez, 64 AD3d 789, 790 [2009]; People v Lara, 61 AD3d 894 [2009]; People v Bens, 61 AD3d 694 [2009]; People v Auguste, 52 AD3d 619 [2008]; People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Eng, Lott and Miller, JJ., concur.