People v. Pemberton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a resentence of the Supreme Court, Kings County (Tomei, J), imposed March 21, 2011, which, upon his conviction of sodomy in the first degree, imposed a period of postrelease supervision in addition to the determinate term of imprisonment previously imposed on August 21, 2001.
Ordered that the resentence is affirmed.
Inasmuch 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 not violate the double…
2Cases cited3 opinions
- People v. LingleNew York Court of Appeals · 2011
- People v. RalphAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AlgarinAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
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- People v. AllerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. AllerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HarpeAppellate Division of the Supreme Court of the State of New York · 2012
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