People v Rudder

People v Rudder 2009 NY Slip Op 09387 [68 AD3d 570] December 17, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Anthony Rudder, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Judgment of resentence, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered March 27, 2008, revoking a prior sentence of probation and resentencing defendant to a term of 1½ years, unanimously modified, on the law, to the extent of vacating the sentence and remanding to Supreme Court for resentencing, and otherwise affirmed.

As the People concede, defendant should have been sentenced in accordance with the statute in effect at the time of the underlying crime of criminal sale of a controlled substance in the fourth degree, which provided for an indeterminate sentence. We have considered and rejected defendant's request for a remedy other than a resentencing proceeding. Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ.