People v. Villanueva

People v Villanueva (2023 NY Slip Op 01016) People v Villanueva 2023 NY Slip Op 01016 Decided on February 22, 2023 Appellate Division, Second Department 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. Decided on February 22, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department COLLEEN D. DUFFY, J.P. REINALDO E. RIVERA LARA J. GENOVESI JANICE A. TAYLOR, JJ. 2016-06405 (Ind. No. 2118/11) [*1]The People of the State of New York, respondent, v George Villanueva, appellant. Stephen N. Preziosi, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a resentence of the Supreme Court, Kings County (Neil Jon Firetog, J.), imposed May 19, 2016, upon remittitur from this Court for resentencing after modification (see People v Villanueva, 136 AD3d 1068) reducing his conviction of aggravated manslaughter in the first degree, upon a jury verdict, to aggravated manslaughter in the second degree. ORDERED that the resentence is affirmed. Contrary to the defendant's contention, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80). DUFFY, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court