BIGBY, KHALLIN D., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1111 KA 12-01759 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ORDER KHALLIN D. BIGBY, ALSO KNOWN AS KO, ALSO KNOWN AS CALI, DEFENDANT-APPELLANT.

DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (KRISTIN L. GARLAND OF COUNSEL), FOR RESPONDENT.

Appeal from a resentence of the Cayuga County Court (Thomas G.

Leone, J.), rendered August 3, 2012. Defendant was resentenced upon his conviction of criminal sale of a controlled substance in the third degree.

It is hereby ORDERED that the resentence so appealed from is unanimously affirmed.

Entered: November 8, 2013 Frances E. Cafarell Clerk of the Court