People v Khan
2013 NY Slip Op 04027 [107 AD3d 740]
June 5, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


The People of the State of New York, Respondent,
v
Rashid Khan, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Ushir Pandit of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Buchter, J.), imposed March 25, 2009, upon his conviction of conspiracy in the second degree under count one of the indictment, upon a jury verdict.

Ordered that the resentence is affirmed.

Contrary to the defendant's contention, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]; see also People v Muriel, 75 AD3d 908, 910-911 [2010]). Mastro, J.P., Leventhal, Sgroi and Miller, JJ., concur.