People v. Louree
New York Court of Appeals
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
- People v. LopezNew York Court of Appeals · 1988
- People v. CatuNew York Court of Appeals · 2005
- People v. FultonAppellate Division of the Supreme Court of the State of New York · 2006