Legal Opinion

People v. Hernandez

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

Decided October 16, 2013Published

1Opinion of the Court

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Módica, J.), imposed February 1, 2012, upon his conviction of assault in the first degree (two counts), the resentence being a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on August 25, 2000.

Ordered that the resentence is affirmed.

*919Inasmuch as the defendant had not yet completed serving his originally imposed sentence of imprisonment when he was resentenced, his resentencing to a term including the statutorily required period of postrelease supervision did…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. LingleNew York Court of Appeals · 2011
  3. People v. DawkinsAppellate Division of the Supreme Court of the State of New York · 2011
  4. People of State of New York v. HarrisAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. JiggettsAppellate Division of the Supreme Court of the State of New York · 2013

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