| People v Tutt |
| 2011 NY Slip Op 02711 [82 AD3d 1273] |
| March 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v VicTutt, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y.Brodt of counsel; Larrie A. Zinno on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Griffin,J.), imposed January 28, 2010, pursuant to CPL 440.46, upon his conviction of criminal sale of acontrolled substance in the third degree, which sentence was originally imposed, upon his plea ofguilty, on March 12, 2001.
Ordered that the resentence is affirmed.
The Supreme Court providently exercised its discretion in resentencing the defendant to adeterminate term of imprisonment of nine years, with three years of postrelease supervision(see People v Newton, 48 AD3d 115, 119-120 [2007]). Under the circumstances of thiscase, a further reduction of the defendant's sentence is not warranted (see People vMedina, 81 AD3d 853 [2011]; People v Schreter, 50 AD3d 930 [2008]; People vAlmanzar, 43 AD3d 825, 826 [2007]; People v Suitte, 90 AD2d 80 [1982]). Rivera,J.P., Dillon, Hall and Roman, JJ., concur.