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The People of the State of New York, Respondent v. William Epps

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


April 18, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WILLIAM EPPS, DEFENDANT-APPELLANT.

Appeal from order, Supreme Court, New York County (Jill Konviser, J.), entered on or about September 11, 2012, which denied resentencing under Correction Law § 601-d, unanimously dismissed, as taken from a non-appealable order.

People v Epps

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.

Decided on April 18, 2013

Tom, J.P., Sweeny, Saxe, Roman, Feinman, JJ.

Citing double jeopardy concerns, the court declined to add postrelease supervision to defendant's original sentence. Defendant, who asserts that he would derive certain benefits from being resentenced, argues that he should still be resentenced to his original prison term, without adding PRS. Since this appeal was not taken from a sentence or a resentence, but rather, from the denial of resentencing, it must be dismissed (see People v Pagan, 19 NY3d 368 [2012]; People v De Jesus, 54 NY2d 447 [1981]). "[N]o appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization" (People v Santos, 64 NY2d 702, 704 [1984]).

Defendant's further contention that he should be permitted to withdraw his plea of guilty is not properly before this Court.

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

ENTERED: APRIL 18, 2013

CLERK

20130418

© 1992-2013 VersusLaw Inc.



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