PEOPLE v. BENOIT

Appellate Division of the Supreme Court of New York, Second Department.

Apr 5, 2011

Judgment

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Ordered that the resentence is affirmed.

The defendant's contentions that his underlying plea was not knowing, voluntary, and intelligent, that he was denied the effective assistance of counsel prior to trial and at the plea, and that the original sentence was excessive may not be raised on this appeal from the resentence only ( see CPL 450.30; People v Fields, 79 AD3d 1147, 1147-1148; People v Jordan, 65 AD3d 428, 428-429; People v Ferrufino, 33 AD3d 623; People v DeSpirito, 27 AD3d 479, 479-480).

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