People v. Smith

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Firetog, J.), imposed August 3, 2012, upon his conviction of burglary in the first degree, upon a jury verdict.

Ordered that the resentence is affirmed.

On a previous appeal in this matter, this Court remitted the matter to the Supreme Court, Kings County, for a determination of the defendant’s status as a persistent violent felony offender and for resentencing thereafter (see People v Smith, 89 AD3d 963 [2011]). After conducting a hearing, the Supreme Court determined that the defendant had not established that his…