| People v Chi Fong Chen |
| 2008 NY Slip Op 08505 [56 AD3d 488] |
| November 5, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Chi Fong Chen, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Westchester County (Zambelli, J.), imposed January 21, 2003, without a hearing, upon his conviction of attempted murder in the second degree, upon a jury verdict.
Ordered that the resentence is affirmed.
The defendant's contention that he was not afforded an opportunity to make a statement at the time of his resentencing in violation of CPL 380.50 (1) is unpreserved for appellate review (see People v Green, 54 NY2d 878, 880 [1981]), and we decline to reach that issue in the exercise of our interest of justice jurisdiction (see People v Pertillar, 37 AD3d 740 [2007]; People v Ramirez, 236 AD2d 564 [1997]).
The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Ritter, Carni and Dickerson, JJ., concur.