| People v McPhee |
| 2022 NY Slip Op 07078 [211 AD3d 852] |
| December 14, 2022 |
| 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 Aasim M. McPhee, Appellant. |
Patricia Pazner, New York, NY (Samuel Barr of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira-Koessler of counsel; Gianna Gambino on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Daniel Lewis, J.), imposed October 1, 2021, after remittitur from this Court for resentencing (see People v McPhee, 197 AD3d 665 [2021]), 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]). Duffy, J.P., Miller, Dowling and Warhit, JJ., concur.