People v Mulligan, 2024 NY Slip Op 03968 [229 AD3d 1247]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Edwin L. Mulligan, Appellant.

Julie Cianca, Public Defender, Rochester (Clea Weiss of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Martin P. McCarthy, II, of counsel), for respondent.

Appeal from a resentence of the Monroe County Court (Karen Bailey Turner, J.), rendered October 23, 2020. Defendant was resentenced upon his conviction of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree and endangering the welfare of a child.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Memorandum: Defendant was convicted following a jury trial of, inter alia, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and assault in the first degree (§ 120.10 [1]) and now appeals from a resentence with respect to that conviction. Contrary to defendant’s contention, we conclude that the resentence is not unduly harsh or severe. Present—Whalen, P.J., Lindley, DelConte, Keane and Hannah, JJ..