| People v DeSpirito |
| 2006 NY Slip Op 01632 |
| Decided on March 7, 2006 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 7, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTHOWARD MILLER, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
DECISION & ORDER
2005-03385
[*1]The People, etc., respondent,
v
John DeSpirito, appellant. (Ind. No. 1414/04)
v
John DeSpirito, appellant. (Ind. No. 1414/04)
James M. Montgomery, Amityville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward
A. Bannan of counsel), for
respondent.
Appeal by the defendant from a resentence of the Supreme Court, Suffolk County (Doyle, J.), imposed March 23, 2005, upon a judgment convicting him of sexual abuse in the first degree, rendered September 2, 2004, upon his plea of guilty.
ORDERED that the resentence is affirmed.
The defendant's challenge to his plea of guilty on the ground that he was not advised that he would be subject to postrelease supervision is not reviewable by this court on his appeal only from the resentence (see CPL 450.30[3]; People v Luddington, 5 AD3d 1042).
The defendant's remaining contention is without merit.
MILLER, J.P., CRANE, KRAUSMAN, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court