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PEOPLE v. ACOSTA

2016-11450. Ind. No. 96-00424.

177 A.D.3d 581 (2019)

109 N.Y.S.3d 894

2019 NY Slip Op 07874

The People of the State of New York, Respondent, v. Sixto Acosta, Also Known as Hector Acosta, Appellant.

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

Decided November 6, 2019.

Ordered that the resentence is affirmed.

The defendant's contention that the original sentence imposed upon him improperly penalized him for exercising his right to a trial may not be reviewed on this appeal from the resentence only (see CPL 450.30[3]; People v Robinson, 160 A.D.3d 774, 776 [2018]). Moreover, any issues as to the original sentence are academic, as that sentence was vacated and the defendant was resentenced...

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