94 A.D.3d 503 941 N.Y.S.2d 502

The People of the State of New York, Respondent, v Audelis Cruz, Appellant.

[941 NYS2d 502]

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 15, 2011, resentencing defendant to a term *504of 14 years, with five 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]). Concur— Andrias, J.P., Friedman, Acosta, Freedman and Richter, JJ.

People v. Cruz
94 A.D.3d 503 941 N.Y.S.2d 502

Case Details

Name
People v. Cruz
Decision Date
Apr 10, 2012
Citations

94 A.D.3d 503

941 N.Y.S.2d 502

Jurisdiction
New York

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