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PEOPLE v. FIELDS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 28, 2010
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Ordered that the resentence is affirmed.

On this appeal from a resentence, the defendant claims that his underlying plea was invalid and should be vacated. That claim may not be raised on this appeal from the resentence only ( see CPL 450.30; People v Ferrufino, 33 AD3d 623; People v Luddington, 5 AD3d 1042, 1042-1043; People v Jordan, 65 AD3d 428, 429, lv granted 13 NY3d 908; People v DeSpirito, 27 AD3d 479).

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

The defendant's remaining contentions are without merit ( see People v Young, 78 AD3d 744; People v Allen, 66 AD3d 792, 793; People v Bowman, 65 AD3d 636; People v Edwards, 62 AD3d 467, 468).