People v Rose
2020 NY Slip Op 01935 [181 AD3d 826]
March 18, 2020
Appellate Division, Second Department
As corrected through Wednesday, April 29, 2020


[*1]
 The People of the State of New York,Respondent,
v
Roosevelt Rose, Appellant.

Paul Skip Laisure, New York, NY, for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano andJohnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the SupremeCourt, Queens County (Barry Kron, J.), imposed December 1, 2016, after remittitur fromthis Court for resentencing (seePeople v Rose, 142 AD3d 1110 [2016]), on the ground that the resentence wasexcessive.

Ordered that the resentence is affirmed.

The defendant has completed the term of imprisonment imposed, and thus, hiscontention that this portion of the sentence was excessive has been rendered academic(see People v Worrell, 158AD3d 828 [2018]; People vStockinger, 131 AD3d 550, 551 [2015]). Contrary to the defendant's contention,the period of postrelease supervision imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson andIannacci, JJ., concur.


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