People v Stevens, 2015 NY Slip Op 09444 [134 AD3d 1057]
December 23, 2015
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Jamel Stevens, Appellant.
Lynn W. L. Fahey, New York, NY, for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Craig Marinaro on the brief), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Del Giudice, J.), imposed April 30, 2014, upon his convictions of robbery in the first degree (two counts) and unlawful imprisonment, upon a jury verdict, after remittitur from this Court for resentencing ( see People v Stevens , 114 AD3d 969 [2014]).
Ordered that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the determinate term of imprisonment from 22 years to 17 years; as so modified, the judgment is affirmed.
The defendant’s contention that he was penalized for exercising his right to trial is without merit ( see People v Melendez , 71 AD3d 1166 , 1167 [2010]). The defendant’s contention that the resentence constitutes cruel and unusual punishment is unpreserved for appellate review and is, in any event, without merit ( see People v Gil , 109 AD3d 484 , 485 [2013]; People v Khan , 89 AD3d 750 , 751-752 [2011]). However, the resentence was excessive to the extent indicated herein. Balkin, J.P., Hall, Cohen and Hinds-Radix, JJ., concur..