People v Battee, 2017 NY Slip Op 01377 [147 AD3d 1076]

February 22, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Davon Battee, Appellant.

Lynn W. L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the memorandum), for respondent.

Appeal by defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed on October 2, 2015, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive ( see People v Delgado , 80 NY2d 780, 783 [1992]; People v Suitte , 90 AD2d 80, 85-86 [1982]). Eng, P.J., Austin, Roman, Maltese and Duffy, JJ., concur..