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People v. Alvarez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 20, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
GERMAN ALVAREZ, APPELLANT.

Appeals by the defendant from (1) a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 19, 2005, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court imposed August 15, 2006, on the ground that the resentence was excessive.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY and CHERYL E. CHAMBERS, JJ.

(Ind. No. 915/99)

DECISION & ORDER

ORDERED that the judgment and the resentence are affirmed.

The defendant's only contention raised on these appeals, that the resentence was excessive, is without merit (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., FLORIO, ANGIOLILLO, McCARTHY and CHAMBERS, JJ., concur.

20090120

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