| People v Tunstall |
| 2020 NY Slip Op 03735 [185 AD3d 423] |
| July 2, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Darryl Tunstall, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Julia P. Cohen of counsel), for respondent.
Judgment of resentence, Supreme Court, New York County (Juan M. Merchan, J.), rendered February 7, 2019, resentencing defendant to a term of 22 years to life, unanimously affirmed.
Upon a remand for resentencing, the court providently exercised its discretion in reimposing the original sentence (see People v Flowers, 28 NY3d 536 [2016]), and we perceive no basis for reducing the resentence. Concur—Manzanet-Daniels, J.P., Gische, Kern, Oing, González, JJ.