People v Bigby
2013 NY Slip Op 07349 [111 AD3d 1333]
November 8, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent,
v
Khallin D. Bigby, Also Known as Ko, Also Known as Cali, Appellant.

—[*1] David P. Elkovitch, Auburn, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Kristin L. Garland of counsel), for respondent.

Appeal from a resentence of the Cayuga County Court (Thomas G. Leone, J.), rendered August 3, 2012. Defendant was resentenced upon his conviction of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the resentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Peradotto, Carni, Sconiers and Whalen, JJ.