People v. Chen
This text of 56 A.D.2d 488 (People v. Chen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Appeal by the defendant from a resentence of the County Court, Westchester County (Zambelli, J.), imposed January 21, 2003, without a hearing, upon his conviction of attempted murder in the second degree, upon a juiy verdict.
Ordered that the resentence is affirmed.
The defendant’s contention that he was not afforded an op[489]*489portunity to make a statement at the time of his resentencing in violation of CPL 380.50 (1) is unpreserved for appellate review (see People v Green, 54 NY2d 878, 880 [1981]), and we decline to reach that issue in the exercise of our interest of justice jurisdiction (see People v Pertillar, 37 AD3d 740 [2007]; People v Ramirez, 236 AD2d 564 [1997]).
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P, Ritter, Garni and Dickerson, JJ., concur.
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56 A.D.2d 488, 865 N.Y.S.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chen-nyappdiv-2008.