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The People of the State of New York v. Larry Porter

State of New York Supreme Court, Appellate Division Third Judicial Department


May 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
LARRY PORTER, APPELLANT.

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered January 21, 2011, which resentenced defendant following his conviction of the crime of assault in the second degree (two counts).

The opinion of the court was delivered by: Malone Jr., J.

MEMORANDUM AND ORDER

Calendar Date: March 23, 2012

Before: Rose, J.P., Spain, Malone Jr., Kavanagh and McCarthy, JJ.

In October 2011, while an inmate at Great Meadow Correctional Facility in Washington County, defendant was convicted of two counts of assault in the second degree and sentenced as a second felony offender to concurrent prison terms of seven years (305 AD2d 933 [2003], lv denied 100 NY2d 586 [2003]). Upon learning that the mandatory periods of postrelease supervision had not been imposed, County Court resentenced defendant to his original sentence plus five years of postrelease supervision. Defendant appeals.

For the reasons set forth in People v Porter (___ AD3d ___ [decided herewith]), we find that County Court properly resentenced defendant by adding periods of postrelease supervision (see Penal Law § 70.00 [6]; § 70.06 [1] [a], [b]; § 70.45 [1]; People v Wright, 85 AD3d 1316, 1316 [2011]). Further, as in People v Porter (supra), we find that the resentencing did not amount to a violation of defendant's double jeopardy rights (see People v Williams, 14 NY3d 198, 217 [2010], cert denied 562 US ___, 131 S Ct 125 [2010]), and defendant received the effective assistance of counsel (see generally People v Caban, 5 NY3d 143, 152 [2005]; People v Wright, 85 AD3d at 1317).

Rose, J.P., Spain, Kavanagh and McCarthy, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20120510

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