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People v. Lingle

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 27, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOHN LINGLE, DEFENDANT-APPELLANT.

Judgment of resentence, Supreme Court, New York County (Charles J. Tejada, J.), rendered June 27, 2008, resentencing defendant, as a second felony offender, to concurrent terms of 14 years and 31/2 to 7 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.

Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.

8143/02

The court properly resentenced defendant to comply with the requirement that a term of post-release supervision be part of the court's oral pronouncement of sentence. Defendant's challenges to his resentencing are similar to arguments rejected by this Court in People v Hernandez (59 AD3d 180 [2009], lv granted 12 NY3d 817 [2009]). In addition, since defendant was resentenced while still serving his prison sentence, his claim that he had a legitimate expectation of finality in his original defective sentence is even weaker than the argument made in Hernandez. We also note that defendant was one of the defendants in People v Sparber (10 NY3d 457 [2008]), and his resentencing for the purpose of orally imposing post-release supervision was expressly mandated by the Court of Appeals.

To the extent defendant is requesting a reduction of his prison sentence as a matter of discretion in the interest of justice, we find that request both procedurally improper on the present appeal and without merit.

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

20091027

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