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People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 2009
60 A.D.3d 425 (N.Y. App. Div. 2009)

Opinion

No. 5424.

March 5, 2009.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 23, 2008, resentencing defendant to a term of five years with five years' postrelease supervision (PRS), unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Before: Tom, J.P., Moskowitz, Renwick and Freedman, JJ.


After defendant completed his prison sentence and began serving a term of PRS that was improperly imposed in the absence of an oral pronouncement at sentencing, the court conducted a resentencing proceeding ( see Correction Law § 601-d) and properly imposed PRS. We reject defendant's double jeopardy argument, as well as his other challenges to the resentencing ( see People v Hernandez, 59 AD3d 180).


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 2009
60 A.D.3d 425 (N.Y. App. Div. 2009)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG LEWIS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 5, 2009

Citations

60 A.D.3d 425 (N.Y. App. Div. 2009)
873 N.Y.S.2d 489

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