People v Caraballo
2013 NY Slip Op 06377 [110 AD3d 735]
October 2, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Joseph Caraballo, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (D'Emic, J.), imposed September 29, 2011, on the ground that the resentence was excessive.

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]). Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.