People v. Jones

People v Jones (2023 NY Slip Op 02680) People v Jones 2023 NY Slip Op 02680 Decided on May 17, 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 May 17, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department BETSY BARROS, J.P. VALERIE BRATHWAITE NELSON JOSEPH J. MALTESE WILLIAM G. FORD BARRY E. WARHIT, JJ. 2020-09598 (Ind. No. 784/16) [*1]The People of the State of New York, respondent, v Derrell Jones, appellant. Patricia Pazner, New York, NY (Martin Sawyer of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Danielle S. Fenn, and Edan Benmelech of counsel), for respondent. DECISION & ORDER Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed October 22, 2020, after remittitur from this Court for resentencing (see People v Jones, 181 AD3d 714), on the ground that the resentence was excessive. 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). BARROS, J.P., BRATHWAITE NELSON, MALTESE, FORD and WARHIT, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court