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People v. Corker

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 17, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
WYKEME CORKER, APPELLANT.

Appeal by the defendant from a resentence of the County Court, Rockland County (Alfieri, J.), imposed June 4, 2007, upon his conviction of assault in the first degree, upon a jury verdict.

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.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, PLUMMER E. LOTT and LEONARD B. AUSTIN, JJ.

(Ind. No. 99-00450)

DECISION & ORDER

ORDERED that the resentence is affirmed.

The defendant's contentions that resentencing him approximately 7 years into his 12 1/2 year term of imprisonment to add to his sentence the statutorily mandated period of postrelease supervision (see Penal Law § 70.45) violated his State and Federal constitutional rights to due process, to equal protection, and not to be subjected to cruel and unusual punishment, are unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872; People v Travis, 213 AD2d 571; cf. People v Samms, 95 NY2d 52, 56), and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.

The period of postrelease supervision imposed on the resentence was not excessive (see People v Suitte, 90 AD2d 80).

DILLON, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

20091117

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