Opinion
No. 2005-08821.
October 23, 2007.
Appeal by the defendant from a resentence of the County Court, Suffolk County (Kahn, J.), imposed July 15, 2005, upon his conviction of robbery in the second degree, upon a jury verdict.
Brian E. O'Donoghue, Huntington, N.Y., for appellant, and appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray and Michael J. Brennan of counsel), for respondent.
Before: Crane, J.P., Spolzino, Krausman and McCarthy, JJ., concur.
Ordered that the resentence is affirmed.
The defendant's argument that the resentence imposed was the product of vindictiveness was not preserved for appellate review ( see People v Norris, 34 AD3d 500, 501). In any event, the record indicates that the County Court did not act vindictively in resentencing the defendant ( see People v Irrizarry, 37 AD3d 1082, 1083; People v Somerville, 33 AD3d 733, 734).
The defendant's remaining contentions, raised in his supplemental pro se brief, are without merit.