People v. Mitchell

—Appeal from a judgment of the County Court of Cortland County (Smith, J.), rendered March 17, 1997, which resentenced defendant following his conviction of the crime of rape in the second degree.

Upon appeal of defendant’s conviction of the crimes of rape in the second degree and sexual abuse in the first degree, this Court modified the judgment by vacating the latter conviction *764and remitting the matter to County Court for resentencing on defendant’s conviction of the crime of rape in the second degree (235 AD2d 834, Iv denied 89 NY2d 1038). Defendant was resentenced to a prison term of 21/s…