People v. Davis

Judgment of resentence, Supreme Court, Bronx County (Joseph Fisch, J.), rendered February 5, 2004, as amended March 18, 2004, resentencing defendant, as a second violent felony offender, to a term of 11 years, upon his conviction after a jury trial of robbery in the second degree, unanimously affirmed.

The court properly exercised its discretion in resentencing defendant without the aid of an updated presentence report. Upon defendant’s appeal from his original conviction of first-degree robbery and sentence of 18 years, this Court concluded that the affirmative defense under Penal Law §…