People v Reyes (Victor)

[*1] People v Reyes (Victor) 2005 NY Slip Op 52246(U) [10 Misc 3d 143(A)] Decided on November 22, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and BELEN, JJ
2004-1743 Q CR.

The People of the State of New York, Respondent,

against

Victor Reyes, Appellant.

Appeal from amended judgments of the Criminal Court of the City of New York, Queens County (Deborah Stevens Modica, J. - Resentences), rendered November 19, 2004. The amended judgments revoked defendant's sentences of probation upon an adjudication that defendant violated the terms of probation previously imposed upon him in judgments of the same court, rendered April 21, 2004, convicting him, upon his pleas of guilty, of petit larceny and criminal possession of a controlled substance in the seventh degree, and resentenced him to two consecutive nine-month periods of incarceration.

Amended judgments of conviction unanimously affirmed.

Upon a review of the record, we are of the opinion that the resentences imposed for defendant's violations of probation, previously given upon his convictions of petit larceny (Penal Law § 155.25) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), were neither harsh nor excessive (see People v Suitte, 90 AD2d 80 [1982]). Accordingly, the amended judgments of conviction should be affirmed.
Decision Date: November 22, 2005