| People v Diggs |
| 2012 NY Slip Op 06416 [98 AD3d 1255] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Ronnie Diggs,Appellant. |
—[*1] Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a resentence of the Supreme Court, Monroe County (David D. Egan, J.),rendered September 2, 2010. Defendant was resentenced upon his conviction of robbery in thefirst degree (four counts), robbery in the second degree (three counts), assault in the seconddegree and criminal possession of a weapon in the second degree.
It is hereby ordered that the resentence so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a resentence pursuant to which Supreme Court addedvarious terms of postrelease supervision (PRS) to the sentence previously imposed on hisconviction, following a jury trial, of four counts of robbery in the first degree (Penal Law §160.15 [2], [4]), three counts of robbery in the second degree (§ 160.10 [1], [2] [a]), andone count each of assault in the second degree (§ 120.05 [2]), and criminal possession of aweapon in the second degree (§ 265.03 [former (2)]). Defendant contends that the overseven-year gap between his original sentencing and his resentencing divested the court ofjurisdiction to resentence him pursuant to CPL 380.30 (1) (see People v Williams, 14 NY3d 198, 213 [2010]). Defendantfailed to preserve that contention for our review (see People v Dissottle, 68 AD3d 1542, 1543 [2009], lvdenied 14 NY3d 799 [2010]; Peoplev Cecere, 39 AD3d 557, 558 [2007], lv denied 9 NY3d 873 [2007]), and wedecline to exercise our power to review that contention as a matter of discretion in the interest ofjustice (see CPL 470.15 [6] [a]). Present—Scudder, P.J., Fahey, Lindley, Sconiersand Martoche, JJ.