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People v. Myrick

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2011
84 A.D.3d 1272 (N.Y. App. Div. 2011)

Opinion

No. 2010-05882.

May 24, 2011.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Parker, J.), imposed May 27, 2010, which, upon his conviction of robbery in the first degree, upon a jury verdict, imposed a period of postrelease supervision of five years in addition to the determinate term of imprisonment previously imposed on April 26, 2004.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Gamaliel Marrero on the brief), for respondent.

Before: Angiolillo, J.P., Florio, Belen and Roman, JJ.


Ordered that the resentence is affirmed.

The defendant was convicted of robbery in the first degree and sentenced to a determinate term of 17 years of imprisonment on April 26, 2004. The sentencing court did not pronounce the statutorily required period of postrelease supervision at that time. On May 27, 2010, the Supreme Court resentenced the defendant to a period of five years of postrelease supervision in addition to the 17-year term of imprisonment previously imposed on April 26, 2004. The defendant had not yet completed his originally-imposed sentence of 17 years of imprisonment when he was resentenced.

Contrary to the defendant's contention, his resentencing to a term including the statutorily required period of postrelease supervision did not subject him to double jeopardy or violate his right to due process of law ( see People v Lingle, 16 NY3d 621). Moreover, the Supreme Court could not reconsider the originally-imposed sentence of 17 years of imprisonment when it resentenced the defendant, and we are without authority to reduce that sentence of imprisonment in the interest of justice on this appeal ( id.).


Summaries of

People v. Myrick

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2011
84 A.D.3d 1272 (N.Y. App. Div. 2011)
Case details for

People v. Myrick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARKELL MYRICK…

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

Date published: May 24, 2011

Citations

84 A.D.3d 1272 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4497
923 N.Y.S.2d 346

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