People v Ballinger, 2015 NY Slip Op 01283 [125 AD3d 784]

February 11, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Aaron Ballinger, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed January 10, 2013, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Eng, P.J., Skelos, Austin, Roman and Duffy, JJ., concur..