People v Jones, 2023 NY Slip Op 02680 [216 AD3d 1000]

May 17, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Derrell Jones, Appellant.

Patricia Pazner, New York, NY (Martin Sawyer of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Danielle S. Fenn, and Edan Benmelech of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed October 22, 2020, after remittitur from this Court for resentencing ( see People v Jones , 181 AD3d 714 [2020]), 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 [1982]). Barros, J.P., Brathwaite Nelson, Maltese, Ford and Warhit, JJ., concur..