NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 5, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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.
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