People v Ragguete

People v Ragguete 2016 NY Slip Op 07222 Decided on November 2, 2016 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 November 2, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
2014-10644
(Ind. No. 4252/04)

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

v

Enos Ragguete, appellant.

Lynn W. L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (D'Emic, J.), rendered October 30, 2014, upon remittitur from this Court for resentencing after modification (see People v Ragguete, 120 AD3d 717), upon his conviction of attempted assault in the first degree.

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the resentence imposed upon remittitur was not excessive (see People v Suitte, 90 AD2d 80; cf. People v Brown, 123 AD3d 1298).

LEVENTHAL, J.P., MALTESE, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court