The People of the State of New York, Respondent, v Rafael Cosme, Appellant.
Appellate Division, Second Department, New York
September 24, 2014
2014 NY Slip Op 06325 [120 AD3d 1428]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 29, 2014.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J.), imposed January 23, 2013, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Cosme, 99 AD3d 940 [2012]), the resentence being a determinate prison term of 12 years, to be followed by five years of postrelease supervision.
Ordered that the resentence is affirmed.
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Balkin, J.P., Leventhal, Maltese and Barros, JJ., concur.