Legal Opinion

People v. Cruz

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

Decided April 10, 2012Published

1Opinion of the Court

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered March 15, 2011, resentencing defendant to a term *504of 14 years, with five years’ postrelease supervision, unanimously affirmed.

The resentencing proceeding imposing a term of postrelease supervision was neither barred by double jeopardy nor otherwise unlawful (see People v Lingle, 16 NY3d 621 [2011]). In any event, the resentencing proceeding was superfluous. Although the original commitment sheet did not mention PRS, the original sentencing court had imposed it orally, notwithstanding the court’s trivial…

2Cases cited2 opinions

  1. People v. LingleNew York Court of Appeals · 2011
  2. People v. McFarlandAppellate Division of the Supreme Court of the State of New York · 2011

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