Legal Opinion

People v. Velez

New York Court of Appeals

Decided June 28, 2012PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

Correction Law § 601-d provides a procedure for resentencing defendants in cases where the original sentence illegally omitted a term of postrelease supervision (PRS). In these two cases, defendants claim that their resentencings under the statute were untimely, and therefore invalid. Both defendants rely on the failure of the courts that resentenced them to meet a deadline contained in the statute; defendant Jessie Velez also complains that his resentencing took place after his original sentence had expired, and thus violated constitutional prohibitions on double…

2Cases cited6 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. WilliamsNew York Court of Appeals · 2010
  3. Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
  4. People v. AcevedoNew York Court of Appeals · 2011
  5. People v. VelezAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by42 opinions

  1. State v. Van LehmanSupreme Court of Kansas · 2018
  2. People v. LangenbachAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. Brenda WW.New York Court of Appeals · 2025
  4. People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 2013

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