Home/Appellate Division of the Supreme Court of New York/People v. Chen

People v. Chen

56 A.D.2d 488, 865 N.Y.S.2d 914
Appellate Division of the Supreme Court of the State of New York·Decided November 5, 2008·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Chen, 56 A.D.2d 488, 865 N.Y.S.2d 914 (N.Y. Ct. App. 2008).

56 A.D.2d 488 (People v. Chen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Green
429 N.E.2d 415 (New York Court of Appeals, 1981)
People v. Pertillar
37 A.D.3d 740 (Appellate Division of the Supreme Court of New York, 2007)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Ramirez
236 A.D.2d 564 (Appellate Division of the Supreme Court of New York, 1997)