People v Corker |
2009 NY Slip Op 08633 [67 AD3d 926] |
November 17, 2009 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Wykeme Corker, Appellant. |
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Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Severyn
Rebisz on the brief), for respondent.
Appeal by the defendant from a resentence of the County Court, Rockland County (Alfieri, J.), imposed June 4, 2007, upon his conviction of assault in the first degree, upon a jury verdict.
Ordered that the resentence is affirmed.
The defendant's contentions that resentencing him approximately 7 years into his 12½-year term of imprisonment to add to his sentence the statutorily mandated period of postrelease supervision (see Penal Law § 70.45) violated his State and Federal constitutional rights to due process, to equal protection, and not to be subjected to cruel and unusual punishment, are unpreserved for appellate review (see People v Rosario, 22 AD3d 871, 872 [2005]; People v Travis, 213 AD2d 571 [1995]; cf. People v Samms, 95 NY2d 52, 56 [2000]), and we decline to reach those contentions in the exercise of our interest of justice jurisdiction.
The period of postrelease supervision imposed on the resentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Dickerson, Lott and Austin, JJ., concur.