People v. Ballinger

People v Ballinger (2015 NY Slip Op 01283)
People v Ballinger
2015 NY Slip Op 01283
Decided on February 11, 2015
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 11, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
PETER B. SKELOS
LEONARD B. AUSTIN
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.

2013-01275
(Ind. No. 578/08)

[*1]The People of the State of New York, respondent,

v

Aaron Ballinger, appellant.




Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Dowling, J.), imposed January 10, 2013, on the ground that the resentence was excessive.

ORDERED that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., SKELOS, AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court