People v Medina

2011 NY Slip Op 01305

Decided on February 15, 2011

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 15, 2011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2010-00397
(Ind. No. 4315/03)






Lynn W. L. Fahey, New York, N.Y. (Kathleen Whooley of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Caroline R. Donhauser,
and Terrence F. Heller of counsel),
for respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Gary, J.), imposed December 11, 2009, pursuant to CPL 440.46, after a hearing, upon his conviction of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, which sentence was originally imposed, upon his plea of guilty, on November 3, 2004.

ORDERED that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 5½ years, with 3 years of postrelease supervision (see People v Newton, 48 AD3d 115, 119-120). In light of the defendant's disciplinary history while incarcerated, which included 10 disciplinary citations, and his history of committing crimes while on parole, a further reduction of the defendant's sentence was not warranted (see CPL 440.46[3]; People v Almanzar, 43 AD3d 825; cf. People v Colon, 77 AD3d 849).
ANGIOLILLO, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan[*2]

Clerk of the Court