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People v. Scalercio

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2010
71 A.D.3d 1060 (N.Y. App. Div. 2010)

Opinion

No. 2008-08755.

March 23, 2010.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Efman, J.), imposed August 1, 2008, upon his conviction of attempted robbery in the first degree, attempted robbery in the second degree, attempted burglary in the first degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), attempted criminal impersonation in the first degree, and conspiracy in the fourth degree, upon his plea of guilty.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Before: Rivera, J.P., Dickerson, Hall and Lott, JJ., concur.


Ordered that the resentence is affirmed.

On April 29, 2002, after entering a plea of guilty, the defendant was sentenced to an aggregate determinate term of imprisonment of 10 years. On August 1, 2008, more than one year before the date on which he was scheduled to be released from incarceration, the defendant was brought before the County Court for resentencing, so that the mandatory period of postrelease supervision could be imposed ( see Penal Law § 70.45). .

Contrary to the defendant's contention, his constitutional right to due process was not violated by the resentencing ( see DeWitt v Ventetoulo, 6 F3d 32, 36, cert denied 511 US 1032; cf. People v Williams, ___ NY3d ___, 2010 NY Slip Op 01527).


Summaries of

People v. Scalercio

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2010
71 A.D.3d 1060 (N.Y. App. Div. 2010)
Case details for

People v. Scalercio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS SCALERCIO…

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

Date published: Mar 23, 2010

Citations

71 A.D.3d 1060 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2592
896 N.Y.S.2d 872

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