People v Lewis |
2009 NY Slip Op 01578 [60 AD3d 425] |
March 5, 2009 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Craig Lewis, Appellant. |
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Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for
respondent.
Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 23, 2008, resentencing defendant to a term of five years with five years' postrelease supervision (PRS), unanimously affirmed.
After defendant completed his prison sentence and began serving a term of PRS that was improperly imposed in the absence of an oral pronouncement at sentencing, the court conducted a resentencing proceeding (see Correction Law § 601-d) and properly imposed PRS. We reject defendant's double jeopardy argument, as well as his other challenges to the resentencing (see People v Hernandez, 59 AD3d 180 [2009]). Concur—Tom, J.P., Moskowitz, Renwick and Freedman, JJ.