Legal Opinion

People v. Nelson

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 2010PublishedCited by 2 opinions

1Opinion of the Court

*764Contrary to the defendant’s contention, the resentencing court was not required to reconsider the propriety of the originally imposed term of imprisonment in view of the fact that the sentence would now include a period of postrelease supervision. The defendant did not overcome the presumption that the original sentencing court was aware, at the time it imposed the original sentence, that the sentence would include a period of postrelease supervision (see People v Stewartson, 63 AD3d 966 [2009]). Furthermore, because the resentencing court was not required to reconsider the imprisonment…

2Cases cited2 opinions

  1. People v. KueyNew York Court of Appeals · 1994
  2. People v. StewartsonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. People v. AfolabiAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. GuadalupeAppellate Division of the Supreme Court of the State of New York · 2020

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