| People v Benoit |
| 2011 NY Slip Op 02892 [83 AD3d 728] |
| April 5, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JesseR. Benoit, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), forrespondent.
Appeal by the defendant from a resentence of the County Court, Dutchess County (Hayes,J.), imposed March 16, 2010, which, upon his conviction of assault in the first degree, upon hisplea of guilty, imposed a period of postrelease supervision in addition to the determinate term ofimprisonment previously imposed on March 28, 2005.
Ordered that the resentence is affirmed.
The defendant's contentions that his underlying plea was not knowing, voluntary, andintelligent, that he was denied the effective assistance of counsel prior to trial and at the plea, andthat the original sentence was excessive may not be raised on this appeal from the resentenceonly (see CPL 450.30 [3]; People v Fields, 79 AD3d 1147, 1147-1148 [2010]; People v Jordan, 65 AD3d 428,428-429 [2009]; People v Ferrufino,33 AD3d 623 [2006]; People vDeSpirito, 27 AD3d 479, 479-480 [2006]).
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Florio, Dickerson, Hall and Roman, JJ., concur.