55 A.D.3d 753 864 N.Y.S.2d 776

The People of the State of New York, Respondent, v Mario Martinez, Appellant.

[864 NYS2d 776]

by the defendant "from a resentence of the Supreme Court, Kings County (Marras, J.), dated June 22, 2006, pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), imposed after a hearing, the resentence being concurrent determinate prison terms of 20 years and a period of postrelease supervision of 5 years, upon his conviction of criminal sale of a controlled substance in the first degree (two counts), upon a jury verdict.

Ordered that the resentence is affirmed.

*754The defendant’s contention that the resentence imposed improperly penalized him for exercising his right to a trial is unpreserved for appellate review, since he did not set forth the issue on the record at the time of resentencing (see People v Hargroves, 27 AD3d 765, 765-766 [2006]). In any event, the contention is without merit (id.; see People v Durkin, 132 AD2d 668 [1987]; see also People v Martinez, 289 AD2d 259, 259-260 [2001]; People v Bellilli, 270 AD2d 355 [2000]). The resentence imposed was not otherwise excessive (see People v Suitte, 90 AD2d 80 [1982]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.

People v. Martinez
55 A.D.3d 753 864 N.Y.S.2d 776

Case Details

Name
People v. Martinez
Decision Date
Oct 14, 2008
Citations

55 A.D.3d 753

864 N.Y.S.2d 776

Jurisdiction
New York

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