People v. McPhee

178 N.Y.S.3d 456, 2022 NY Slip Op 07078
Procedural entryThis page is a short order in People v. McPhee. Read the opinion of the Court — 197 A.D.3d 665
Appellate Division of the Supreme Court of the State of New York·Decided December 14, 2022·No. Ind. No. 1841/15·Published

Opinion

People v McPhee (2022 NY Slip Op 07078)
People v McPhee
2022 NY Slip Op 07078
Decided on December 14, 2022
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 14, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.

2021-07255
(Ind. No. 1841/15)

[*1]The People of the State of New York, respondent,

v

Aasim M. McPhee, appellant.


Patricia Pazner, New York, NY (Samuel Barr of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira-Koessler of counsel; Gianna Gambino on the memorandum), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Daniel Lewis, J.), imposed October 1, 2021, after remittitur from this Court for resentencing (see People v McPhee, 197 AD3d 665), on the ground that the resentence was excessive.

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DUFFY, J.P., MILLER, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court



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People v. McPhee, 178 N.Y.S.3d 456, 2022 NY Slip Op 07078 (N.Y. Ct. App. 2022).

178 N.Y.S.3d 456 (People v. McPhee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. McPhee
2021 NY Slip Op 04723 (Appellate Division of the Supreme Court of New York, 2021)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)