People v. Ureña
922 N.Y.S.2d 539
N.Y. App. Div.
2011
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The People of the State of New York, Respondent, v Juan Ureña, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department

922 N.Y.S.2d 539

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Brennan, J.), imposed March 26, 2010, pursuant to CPL 440.46, upon his conviction of criminal sale of a controlled substance in the third degree, which sentence was originally imposed, upon a jury verdict, on June 25, 1997.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of five years, with two years of postrelease supervision (see

;
). Under the circumstances of this case, the resentence imposed was not excessive (see
;
;
).

Prudenti, P.J., Angiolillo, Dickerson and Roman, JJ., concur.