People v Feliciano, 2015 NY Slip Op 03560 [127 AD3d 1228]

April 29, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jose Feliciano, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Anastasia Spanakos, and Adam K. Brody of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Queens County (McGann, J.), imposed October 5, 2011, which, upon the granting of his motion pursuant to CPL 440.20 to set aside a sentence of the same court (Hanophy, J.), imposed January 13, 2006, upon his conviction of manslaughter in the first degree, upon his plea of guilty, resentenced him as a second felony offender.

Ordered that the resentence is affirmed.

Contrary to the defendant’s contention, the resentencing court did not fail to independently exercise its discretion to determine an appropriate sentence ( see People v Iliff , 115 AD3d 764 [2014]; People v Seymour , 21 AD3d 1292 [2005]; cf. People v Farrar , 52 NY2d 302 [1981]). Taking into account all of the relevant circumstances, the resentence imposed was not excessive ( see People v Ortiz , 84 AD3d 1118 [2011]; People v Suitte , 90 AD2d 80 [1982]). Chambers, J.P., Dickerson, LaSalle and Barros, JJ., concur..