People v. Lawrence

44 A.D.3d 967, 843 N.Y.S.2d 515
Appellate Division of the Supreme Court of the State of New York·Decided October 23, 2007·Published·Cited by 3 cases

Opinion

Appeal by the defendant from a resentence of the County Court, Suffolk County (Kahn, J.), imposed July 15, 2005, upon his conviction of robbery in the second degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The defendant’s argument that the resentence imposed was the product of vindictiveness was not preserved for appellate review (see People v Norris, 34 AD3d 500, 501 [2006]). In any event, the record indicates that the County Court did not act vindictively in resentencing the defendant (see People v Irrizarry, 37 AD3d 1082, 1083 [2007]; People v Somerville, 33 AD3d 733, 734 [2006]).

The defendant’s remaining contentions, raised in his supplemental pro se brief, are without merit. Crane, J.P., Spolzino, Krausman and McCarthy, JJ., concur.

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People v. Lawrence, 44 A.D.3d 967, 843 N.Y.S.2d 515 (N.Y. Ct. App. 2007).

44 A.D.3d 967 (People v. Lawrence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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