People v Bigby

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People v Bigby 2013 NY Slip Op 07349 Released on November 8, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 8, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
1111 KA 12-01759

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

KHALLIN D. BIGBY, ALSO KNOWN AS KO, ALSO KNOWN AS CALI, DEFENDANT-APPELLANT.


Appeal from a resentence of the Cayuga County Court (Thomas G. Leone, J.), rendered August 3, 2012. Defendant was resentenced upon his conviction of criminal sale of a controlled substance in the third degree.


DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (KRISTIN L. GARLAND OF COUNSEL), FOR RESPONDENT.


It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.
Entered: November 8, 2013
Frances E. Cafarell
Clerk of the Court

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