People v. Toney

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered May 26, 2011, resentencing defendant, as a second violent felony offender, to concurrent terms of 13 years, with five years’ postrelease supervision, unanimously affirmed.

Defendant’s challenge to the voluntariness of his underlying 2001 plea may not be raised on this appeal from a judgment of resentence (see People v Jordan, 16 NY3d 845 [2011]; see also CPL 450.30 [3]). Although defendant asserts that he is challenging the resentencing itself as violating due process, that claim is without merit (see…