People v Lawrence
2007 NY Slip Op 08090 [44 AD3d 967]
October 23, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


The People of the State of New York, Respondent,
v
Shawn Lawrence, Appellant.

[*1] Brian E. O'Donoghue, Huntington, N.Y., for appellant, and appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray and Michael J. Brennan of counsel), for respondent.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Kahn, J.), imposed July 15, 2005, upon his conviction of robbery in the second degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The defendant's argument that the resentence imposed was the product of vindictiveness was not preserved for appellate review (see People v Norris, 34 AD3d 500, 501 [2006]). In any event, the record indicates that the County Court did not act vindictively in resentencing the defendant (see People v Irrizarry, 37 AD3d 1082, 1083 [2007]; People v Somerville, 33 AD3d 733, 734 [2006]).

The defendant's remaining contentions, raised in his supplemental pro se brief, are without merit. Crane, J.P., Spolzino, Krausman and McCarthy, JJ., concur.