People v McPhee, 2022 NY Slip Op 07078 [211 AD3d 852]

December 14, 2022

Appellate Division, Second Department

[*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.

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 [2021]), 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]). Duffy, J.P., Miller, Dowling and Warhit, JJ., concur..