People v. Feliciano

Appeal by the defendant from a resentence of the Supreme Court, Queens County (McCann, J.), imposed October 5, 2011, which, upon the granting of his motion pursuant to CPL 440.20 to set aside a sentence of the same court (Hanophy, J.), imposed January 13, 2006, upon his conviction of manslaughter in the first degree, upon his plea of guilty, resentenced him as a second felony offender.

Ordered that the resentence is affirmed.

Contrary to the defendant’s contention, the resentencing court did not fail to independently exercise its discretion to determine an appropriate sentence (see People v…