People v. Pelczynski

Appeal from a resentence of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered May 3, 2005. Defendant was resentenced following his conviction, upon his plea of guilty, of sexual abuse in the first degree.

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…