Opinion
No. 2007-10541.
July 28, 2009.
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed October 3, 2007, upon his conviction of criminal possession of a weapon in the second degree, upon a jury verdict.
Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Marie-Claude P. Wrenn-Myers of counsel), for respondent.
Before: Florio, J.P., Covello, Balkin and Leventhal, JJ., concur.
Ordered that the resentence is affirmed.
The defendant's contention that the resentencing court improperly failed to sentence him de novo is unpreserved for appellate review ( see CPL 470.05; People v Nieves, 2 NY3d 310, 315-316; People v Killiebrew, 63 AD3d 1088; People v Marshall, 228 AD2d 15, 17-18; cf. People v D'Avila, 21 AD3d 905; People v McHale, 165 AD2d 800) and, in any event, is without merit ( see People v Stewartson, 63 AD3d 966).