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People v. Feliciano

Supreme Court, Appellate Division, Second Department, New York.
Apr 29, 2015
127 A.D.3d 1228 (N.Y. App. Div. 2015)

Opinion

04-29-2015

The PEOPLE, etc., 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.


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.

Opinion 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 A.D.3d 764, 981 N.Y.S.2d 594 ; People v. Seymour, 21 A.D.3d 1292, 801 N.Y.S.2d 672 ; cf. People v. Farrar, 52 N.Y.2d 302, 437 N.Y.S.2d 961, 419 N.E.2d 864 ). Taking into account all of the relevant circumstances, the resentence imposed was not excessive (see People v. Ortiz, 84 A.D.3d 1118, 923 N.Y.S.2d 341 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

CHAMBERS, J.P., DICKERSON, LaSALLE and BARROS, JJ., concur.


Summaries of

People v. Feliciano

Supreme Court, Appellate Division, Second Department, New York.
Apr 29, 2015
127 A.D.3d 1228 (N.Y. App. Div. 2015)
Case details for

People v. Feliciano

Case Details

Full title:The PEOPLE, etc., respondent, v. Jose FELICIANO, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 29, 2015

Citations

127 A.D.3d 1228 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 3560
5 N.Y.S.3d 902

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