PEOPLE v. PELCZYNSKI


43 A.D.3d 1279 (2007)

842 N.Y.S.2d 815

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL W. PELCZYNSKI, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 28, 2007.


It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant was convicted upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65 [3]), and he now appeals from the resentence upon that conviction. "Because the resentence occurred more than 30 days after the original sentence and there was no timely notice of appeal from the original judgment of conviction, any...

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