Legal Opinion
People v. Covington
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2011PublishedCited by 12 opinions
1Opinion of the Court
We assume, without deciding, that this appeal is properly before us as an appeal from a judgment of resentence (see CPL 450.30 [3]; People v King, 84 AD3d 473 [2011]), and we find it unnecessary to decide the appealability issues raised by the People. However, defendant is not entitled to any relief.
Defendant’s original sentence on his underlying conviction unlawfully omitted the required period of postrelease supervision. Following postconviction motion practice and the Court of Appeals’ decision in People v Sparber (10 NY3d 457 [2008]),' the sentencing court determined that it would let the…
2Cases cited4 opinions
- People v. LingleNew York Court of Appeals · 2011
- People v. SparberNew York Court of Appeals · 2008
- People v. AcevedoNew York Court of Appeals · 2011
- People v. KingAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by12 opinions
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MillsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2016
- People v. McNeilAppellate Division of the Supreme Court of the State of New York · 2018
- HOWARD, STANLEY L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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