| People v Cosme |
| 2014 NY Slip Op 06325 [120 AD3d 1428] |
| September 24, 2014 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Rafael Cosme, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J.), imposed January 23, 2013, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Cosme, 99 AD3d 940 [2012]), the resentence being a determinate prison term of 12 years, to be followed by five years of postrelease supervision.
Ordered that the resentence is affirmed.
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Balkin, J.P., Leventhal, Maltese and Barros, JJ., concur.