| People v Martinez |
| 2008 NY Slip Op 07933 [55 AD3d 753] |
| October 14, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarioMartinez, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; John Paul DeVerna on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.),dated June 22, 2006, pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23),imposed after a hearing, the resentence being concurrent determinate prison terms of 20 years and aperiod of postrelease supervision of 5 years, upon his conviction of criminal sale of a controlledsubstance in the first degree (two counts), upon a jury verdict.
Ordered that the resentence is affirmed.
The defendant's contention that the resentence imposed improperly penalized him for exercising hisright to a trial is unpreserved for appellate review, since he did not set forth the issue on the record atthe time of resentencing (see People vHargroves, 27 AD3d 765, 765-766 [2006]). In any event, the contention is without merit(id.; see People v Durkin, 132 AD2d 668 [1987]; see also People v Martinez,289 AD2d 259, 259-260 [2001]; People v Bellilli, 270 AD2d 355 [2000]). The resentenceimposed was not otherwise excessive (see People v Suitte, 90 AD2d 80 [1982]). Lifson, J.P.,Ritter, Miller and Balkin, JJ., concur.