People v Gillard

People v Gillard 2012 NY Slip Op 08546 Decided on December 12, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
2011-10651
(Ind. No. 42/00)

[*1]The People of the State of New York, respondent,

v

Gary Gillard, appellant.




Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of
counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y.
(Rosalind C. Gray of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Suffolk County (Cohen, J.),imposed October 20, 2011, 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).
ENG, P.J., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court