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The People of the State of New York v. Audelis Cruz

New York Supreme and/or Appellate Courts Appellate Division, First Department


April 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
AUDELIS CRUZ, DEFENDANT-APPELLANT.

People v Cruz

Decided on April 10, 2012

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.

Andrias, J.P., Friedman, Acosta, Freedman, Richter, JJ.

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 15, 2011, resentencing defendant to a term of 14 years, with 5 years' postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]). In any event, the resentencing proceeding was superfluous. Although the original commitment sheet did not mention PRS, the original sentencing court had imposed it orally, notwithstanding the court's trivial error in terminology (see People v McFarland, 88 AD3d 547 [2011], lv denied 18 NY3d 860 [2011]).

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

ENTERED: APRIL 10, 2012

CLERK

20120410

© 1992-2012 VersusLaw Inc.



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