People v Chi Fong Chen

2008 NY Slip Op 08505 [56 AD3d 488]

November 5, 2008

Appellate Division, Second Department

As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent, v ChiFong Chen, Appellant.

—[*1]Eric Press, White Plains, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a resentence of the County Court, Westchester County(Zambelli, J.), imposed January 21, 2003, without a hearing, upon his conviction of attemptedmurder in the second degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The defendant's contention that he was not afforded an opportunity to make a statement at thetime of his resentencing in violation of CPL 380.50 (1) is unpreserved for appellate review(see People v Green, 54 NY2d 878, 880 [1981]), and we decline to reach that issue in theexercise of our interest of justice jurisdiction (see People v Pertillar, 37 AD3d 740 [2007]; People v Ramirez,236 AD2d 564 [1997]).

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Skelos, J.P., Ritter, Carni and Dickerson, JJ., concur.