People v. Brooks

Appeal from a resentence of the Erie County Court (Sheila A. DiTullio, J.), rendered May 19, 2005. Defendant was resentenced following his conviction, upon a jury verdict, of assault in the second degree.

*1057It is hereby ordered that the resentence so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a resentence upon a judgment convicting him, following a jury trial, of assault in the second degree (Penal Law § 120.05 [2]). Contrary to the contention of defendant, County Court did not err in failing sua sponte to assign counsel to represent him in…