People v Serrano

People v Serrano 2011 NY Slip Op 09681 Decided on December 27, 2011 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 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
2010-09099
(Ind. No. 1373-07)

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

v

William Serrano, appellant.




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


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Suffolk County (J. Doyle, J.), imposed August 6, 2010, upon remittitur from this Court (see People v Serrano, 74 AD3d 1104), on the ground that the resentence was excessive.

ORDERED that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80), and does not warrant a reduction as a matter of discretion in the interest of justice.
MASTRO, A.P.J., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court