Legal Opinion · Dissent

People v. Louree

New York Court of Appeals

Decided June 5, 2007Published

1DissentPigott, J.

Because I believe that defendant was required to preserve the issue for appellate review, I respectfully dissent. The record reveals that defendant was made aware of the postrelease component of his sentence at the sentencing proceeding (see generally People v Catu, 4 NY3d 242, 245 [2005]). Thus, defendant was required to preserve the issue as nothing in this case calls for the “rare case” exception to the preservation doctrine described in People v Lopez (71 NY2d 662, 666 [1988]). Here, defendant could have raised an objection to the sentencing judge and he would have then been able to raise…

2Cases cited3 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. CatuNew York Court of Appeals · 2005
  3. People v. FultonAppellate Division of the Supreme Court of the State of New York · 2006

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