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People v. Lewis

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 5, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CRAIG LEWIS, DEFENDANT-APPELLANT.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 23, 2008, resentencing defendant to a term of 5 years with 5 years' post-release supervision, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Moskowitz, Renwick, Freedman, JJ.

6080/01

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, AD3d , 2009 NY Slip Op 631).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090305

© 1992-2009 VersusLaw Inc.



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